DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/521)

INLINE MECHANICAL INSTALLATIONS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 3 MARCH 2017

Application for approval of the Inline Mechanical Installations 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 Inline Mechanical Installations 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.

[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 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

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Inline Mechanical Installations Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019, the applicant union sought approval of a proposed enterprise agreement from the Fair Work Commission. The respondent company opposed the approval, citing various issues with the agreement. The case was heard in the Fair Work Commission, with the decision rendered by Commissioner R Bennett.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The respondent company argued that the agreement did not comply with certain provisions of the Act, including provisions regarding the protection of employees' rights and interests. The Commission had to determine whether the agreement was fair and balanced, taking into account the interests of both the employees and the employer.

After carefully considering the arguments and evidence presented by both parties, the Commission found that the proposed enterprise agreement was fair and balanced. The Commission noted that the agreement provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement did not contain any terms that would be detrimental to the employees or the employer. As a result, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the proposed enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Inline Mechanical Installations Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019. The Commission found that the agreement was fair and balanced, and provided appropriate protections for employees while also taking into account the interests of the employer. The approval of the agreement ensures that the parties will be bound by the terms and conditions set out in the agreement for the specified period.

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