DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/522)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

Application for approval of the Flowrite Hvac 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 Flowrite Hvac 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] 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 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.

[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 was approved on 9 March 2017 and, in accordance with s.54, will operate from 16 March 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 case before the Fair Work Commission (FWC) involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the CEPU Plumbing Division - NSW Branch. The union sought approval of the Flowrite Hvac Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019. The dispute centred around the fairness and compliance of the proposed enterprise agreement with the relevant legislative and regulatory frameworks, particularly the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act. This included assessing whether the agreement was genuinely negotiated, free from coercion, and met the requirements of the Act, including provisions related to minimum entitlements and industrial action. The FWC also considered whether the agreement provided for appropriate mechanisms to facilitate its operation and ensure compliance.

The FWC found that the agreement was genuinely negotiated and free from any unfair coercion. The Commission emphasised that the agreement provided for appropriate mechanisms to facilitate its operation, including provisions for resolving disputes and ensuring compliance. The FWC also noted that the agreement met all minimum entitlements required by the Fair Work Act. Based on these findings, the FWC approved the enterprise agreement, highlighting that it was in the best interests of the employees covered by the agreement.

The FWC issued an order approving the Flowrite Hvac Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019, effective from the date of the decision. The approval was contingent upon compliance with the terms and conditions set out in 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