DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6173)

HARRIS & THORN PLUMBING & GASFITTING PTY LTD AND CEPU- PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 31 JANUARY 2018

Application for approval of the Harris & Thorn Plumbing & Gasfitting Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Harris & Thorn Plumbing & Gasfitting Pty Ltd and CEPU – Plumbing Division (Vic) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2018. The nominal expiry date of the Agreement is 31 October 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Harris & Thorn Plumbing & Gasfitting Pty Ltd. The dispute centred on whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the mandated terms and conditions, including the genuine bargain requirement, and whether it complied with the Fair Work Act. Additionally, the Commission needed to determine if the agreement provided for the proper registration of employees and if it adhered to the procedural requirements for the approval process.

The Commission found that the agreement contained all the mandated terms and conditions and was consistent with the statutory requirements under the Fair Work Act. The Commission concluded that the agreement constituted a genuine bargain as it involved genuine negotiations between the parties and did not contain any unfair terms. Furthermore, the Commission was satisfied that the agreement provided for the proper registration of employees and complied with the procedural requirements for approval. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Harris & Thorn Plumbing & Gasfitting Pty Ltd. The approval is effective from 1 July 2015 to 30 June 2019, subject to the terms and conditions outlined in the agreement.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established