DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1077)

THE FORAN INDUSTRIES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 13 APRIL 2017

Application for approval of the Foran Industries Pty Ltd & 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 Foran Industries Pty Ltd & 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 20 April 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 matter before the Australian Industrial Relations Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the CEPU Plumbing Division - NSW Branch, and Foran Industries Pty Ltd. The union sought approval of the 2015-2019 Plumbing Enterprise Agreement between the union and the employer, as the agreement was intended to provide a framework for the employment conditions of the workers in the plumbing industry in New South Wales. The legal issues at the core of this case centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained all the mandatory terms prescribed by the Act, and if it had been made in good faith and without coercion.

The court examined the agreement to ensure it included all the mandatory terms set out in the Fair Work Act 2009, such as minimum wages, penalties for unlawful termination, and provisions for parental leave and long service leave. The court also considered whether the agreement had been made in good faith and without coercion. The union argued that the agreement was made in good faith and without coercion, while the employer did not contest these claims. The court found that the agreement was comprehensive and covered all the mandatory terms required by the Act. Furthermore, the court was satisfied that the agreement had been made in good faith and without coercion, as the employer did not contest these claims.

In light of the above findings, the court approved the Foran Industries Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The court was satisfied that the agreement met all the necessary requirements for approval under the Fair Work Act 2009, and that it provided a fair and reasonable framework for the employment conditions of the workers in the plumbing industry in New South Wales. As a result, the agreement was approved, and the parties were bound by its terms for the duration of the agreement.

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