DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5553)

CDC PLUMBING & DRAINAGE & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 28 NOVEMBER 2017

Application for approval of the CDC Plumbing & Drainage & 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 CDC Plumbing & Drainage & 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 5 December 2017. 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 case before the court involved an application for the approval of the Plumbing Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Plumbing & Drainage & CEPU Plumbing Division - NSW Branch for the period 2015-2019. The application was made under the Fair Work Act 2009, seeking the Fair Work Commission's endorsement of the agreement as a certified agreement. The legal issues at the heart of the case centred on whether the agreement complied with the legislative requirements of the Fair Work Act and whether it was appropriately negotiated and contained provisions that met the standards set for certified agreements.

The court considered several key legal questions. Firstly, it examined whether the agreement was genuinely negotiated between the parties, specifically the union and the employers' association. Secondly, the court assessed whether the agreement met the statutory requirements of the Fair Work Act, including whether it contained minimum entitlements and if it was procedurally sound. Additionally, the court evaluated the fairness and reasonableness of the agreement's terms, ensuring that they did not disadvantage any party unduly and adhered to the principles of good faith bargaining.

In its decision, the Fair Work Commission determined that the agreement had been genuinely negotiated and contained all necessary minimum entitlements as stipulated by the Fair Work Act. The Commission found that the agreement was procedurally valid and met all statutory requirements. It concluded that the terms and conditions set forth in the agreement were fair and reasonable, taking into account the economic and social context of the industry. Consequently, the Commission approved the agreement as a certified agreement, effective from the specified period.

As a result of the court's decision, the Plumbing Enterprise Agreement 2015-2019 was approved and certified under the Fair Work Act. This certification ensures that the agreement is legally binding and enforceable, providing a framework for the employment conditions of the union members within the specified industry and branch.

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