DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/3104)

CONFIDENT PLUMBING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 10 OCTOBER 2017

Application for approval of the Confident Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Confident Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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] 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.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 10 October 2017 and, in accordance with s.54, will operate from 17 October 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Confident Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019. The dispute arose as the union sought to have the agreement, which was between the union and the employer, approved under the Fair Work Act 2009. The application for approval was made to the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act. This included whether the agreement contained the minimum terms and conditions prescribed by the Act, whether the agreement was made in good faith, and whether it was consistent with the provisions of the Act. The court also had to consider whether the agreement was suitable for the employees it covered, and whether the union had properly consulted with its members before seeking approval of the agreement.

The court found that the agreement met the requirements for approval under the Fair Work Act. The agreement contained the minimum terms and conditions prescribed by the Act, and the court was satisfied that the agreement was made in good faith and was consistent with the provisions of the Act. The court also found that the agreement was suitable for the employees it covered, and that the union had properly consulted with its members before seeking approval of the agreement. The court approved the agreement, which will now be registered with the Fair Work Commission.

The court's decision was that the agreement met the requirements for approval under the Fair Work Act, and it was approved and registered with the Fair Work Commission.

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