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

[2018] FWCA 634

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/6145)

Commercial Aquatics Australia Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017-2019

Plumbing industry
Deputy President Kovacic	CANBERRA, 31 JANUARY 2018

Application for approval of the Commercial Aquatics Australia Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017 - 2019.

An application has been made for approval of an enterprise agreement known as the Commercial Aquatics Australia Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2017-2019 (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.

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.

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.

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.

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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Commercial Aquatics Australia Pty Ltd. The union sought approval for the Enterprise Agreement between the union and the company, specifically for the period 2017 to 2019. The Commission was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009 to be approved as a registered agreement. The key issue before the Commission was whether the agreement was a genuine enterprise agreement within the meaning of the Act, and whether it complied with the provisions of the Act in terms of its registration and enforceability.

The Commission noted that the agreement had been negotiated in good faith, with appropriate representation of the employees, and that it contained the required terms and conditions of employment. The union argued that the agreement was necessary to address specific issues relevant to the industry and the workforce. The company supported the agreement, stating that it facilitated a productive working environment and addressed the needs of both the employees and the business. The Commission was satisfied that the agreement was a genuine enterprise agreement and that it complied with all relevant provisions of the Act. The agreement was approved and registered as a valid enterprise agreement.

The Commission determined that the agreement met all the necessary requirements under the Fair Work Act 2009, and was therefore approved and registered as a valid enterprise agreement. The agreement would now serve as the governing document for the terms and conditions of employment for the employees covered by the agreement. The approval of the agreement would provide stability and certainty for both the employees and the employer, allowing for a more productive working environment. The Commission's decision provided clarity for the parties involved, ensuring that the agreement would be upheld and enforced in accordance with the provisions of the Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established