DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/4951)

JONES & JONES MASTER PLUMBERS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 22 JANUARY 2018

Application for approval of the Jones & Jones Master Plumbers Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Jones & Jones Master Plumbers Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing 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. The Agreement is a single enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2018. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Jones & Jones Master Plumbers Pty Ltd. The dispute was over the approval of the Jones & Jones Master Plumbers Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The case was heard in the Fair Work Commission of Australia.

The legal issues that the court had to address were whether the agreement met the requirements of the Fair Work Act 2009, specifically in relation to the process by which the agreement was made and whether it complied with the provisions of the Act. The court also had to consider whether the agreement was in the best interests of the employees and the employer.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act 2009. The court found that the process by which the agreement was made was fair and that the agreement complied with the provisions of the Act. The court also found that the agreement was in the best interests of the employees and the employer. The court approved the agreement and ordered that it be registered.

The court's decision was based on a thorough review of the evidence presented and a consideration of the relevant legal principles. The court found that the agreement was a genuine bargain between the parties and that it met the requirements of the Fair Work Act 2009. The court also found that the agreement provided for fair and reasonable terms and conditions of employment for the employees and that it was in the best interests of both the employees and the employer.

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