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

[2017] FWCA 6466

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

(AG2017/5009)

Axis Plumbing Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 2019

Plumbing industry
Commissioner Wilson	MELBOURNE, 5 DECEMBER 2017

Application for approval of the Axis Plumbing Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 2019.

An application has been made for approval of an enterprise agreement known as the Axis Plumbing Pty Ltd Regional Plumbing 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the Axis Plumbing Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 2019. The application was contested by Axis Plumbing Pty Ltd. The primary dispute centred around the terms of the enterprise agreement and whether it met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the public interest and whether it complied with the procedural and substantive requirements set out in the legislation.

The key legal issues the Commission had to address were whether the agreement was genuinely negotiated and whether it contained appropriate safeguards for employees. Additionally, the Commission needed to assess if the agreement provided fair and reasonable terms for both the employer and the employees. The Commission also considered the process by which the agreement was developed and whether it adhered to the necessary procedural fairness.

The Commission found that the agreement was genuinely negotiated and contained adequate safeguards for employees. It concluded that the terms were fair and reasonable, taking into account the bargaining positions of both parties. The procedural fairness of the negotiation process was deemed satisfactory, as it was conducted in good faith and with due consideration of the employees' interests. Consequently, the Commission approved the agreement, finding it to be in the public interest and compliant with all relevant legislative requirements.

The final orders of the Commission included the approval of the Axis Plumbing Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 2019, which was to be registered with the Fair Work Commission. This decision ensured that the terms of the agreement would be legally binding and enforceable between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established