DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/3739)

ANIKHA PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH LAGGING ENTERPRISE AGREEMENT 2017-2019

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 OCTOBER 2017

Application for approval of the Anikha Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Anikha Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging 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. 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 10 October 2017. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Anikha Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019. The dispute arose because Anikha Pty Ltd, the employer, refused to implement certain terms of the agreement, leading to a legal challenge by the union. The case was heard in the Fair Work Commission, which has jurisdiction over such employment matters.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which it was made and its compliance with minimum entitlements. Key issues included whether the union had properly certified the agreement and whether the agreement contained terms that complied with the provisions of the Act.

The Commission found that the agreement had been properly certified and that it contained terms which met the minimum entitlements required by the Act. The Commission noted that the union had followed the correct procedures in certifying the agreement and that the employer had not provided sufficient evidence to challenge the validity of the process. Furthermore, the Commission held that the agreement did not contain any terms that were contrary to the provisions of the Act. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Anikha Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019, finding that it was properly certified and contained terms that met the minimum entitlements required by the Fair Work Act 2009.

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

DECISION

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Background to the litigation

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Legal Principle Established