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

[2017] FWCA 4895

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

(AG2017/3176)

Consolidated Plumbing Commercial Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019

Plumbing industry
Commissioner Gregory	MELBOURNE, 19 SEPTEMBER 2017

Application for approval of the Consolidated Plumbing Commercial Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

An application has been made for approval of an enterprise agreement known as the Consolidated Plumbing Commercial Pty Ltd and CEPU - Plumbing Division Victorian Branch 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.

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.

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 26 September 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application seeking approval of the Consolidated Plumbing Commercial Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly concerning the process through which the agreement was made. The union argued that the agreement was genuinely agreed upon by the parties and was in compliance with the statutory provisions.

The legal issues that the Commission needed to address included whether the union had genuinely bargained with the employer in good faith, whether the agreement was made in accordance with the procedures outlined in the Fair Work Act, and if the agreement contained all the mandatory terms and conditions required by the Act. Additionally, the Commission had to consider whether the agreement was likely to achieve a fair and equitable outcome for the employees covered by it.

In its decision, the Commission found that the union had genuinely bargained with the employer and that the agreement was made in accordance with the prescribed procedures. The Commission also determined that the agreement contained all the mandatory terms and conditions as required by the Fair Work Act. Given these findings, the Commission approved the enterprise agreement, recognising that it was fair and equitable for the employees involved.

The Commission's approval of the enterprise agreement was based on the evidence presented, which demonstrated that the agreement was the result of genuine negotiations and was in compliance with the statutory requirements. The final orders of the Commission were that the Consolidated Plumbing Commercial Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 be approved as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established