DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/119)

COMMERCIAL PIPE INSTALLATIONS MECHANICAL PLUMBING ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 27 MARCH 2017

Application for approval of the Commercial Pipe Installations Mechanical Plumbing Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Commercial Pipe Installations Mechanical Plumbing Enterprise Agreement 2016-2019 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 3 April 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The union brought an application before the Fair Work Commission to seek approval of the Commercial Pipe Installations Mechanical Plumbing Enterprise Agreement 2016-2019. The employer opposed the application, arguing that the agreement contained unfair provisions. The Commission was required to decide whether the provisions in the agreement were fair and appropriate, and whether the union had met the requirements for approval under the Fair Work Act 2009.

The Commission examined the provisions of the agreement to determine whether they were fair and appropriate. The employer raised concerns about several provisions, including those relating to penalty rates, overtime, and shift allowances. The Commission considered the evidence and arguments presented by both parties, including the need for the agreement to be fair and appropriate to the employees covered by it, and whether the agreement met the requirements for approval under the Act. The Commission found that the provisions in the agreement were fair and appropriate, and that the union had met the requirements for approval.

The Fair Work Commission approved the Commercial Pipe Installations Mechanical Plumbing Enterprise Agreement 2016-2019. The employer’s objections were dismissed, and the agreement was registered as a registered agreement under the Fair Work Act 2009. The decision of the Commission is final and binding on both parties.

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