DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/425)

TANK SERVICES PTY LTD T/A THE TASMAN TANK CO AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Tank Services Pty Ltd t/a The Tasman Tank Co and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tank Services Pty Ltd t/a The Tasman Tank Co and CEPU Plumbing Division Mechanical Union Collective 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 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 sought approval of a collective agreement between Tank Services Pty Ltd, trading as The Tasman Tank Co, and the CEPU Plumbing Division Mechanical Union for the period 2015 to 2019. The agreement was submitted for consideration under the Fair Work Act 2009. The dispute primarily centred on the terms and conditions outlined in the collective agreement, specifically those related to wages, hours of work, and other employment-related matters. The union argued that the agreement was fair and equitable, while Tank Services Pty Ltd raised concerns about certain provisions.

The court was required to determine whether the collective agreement met the criteria for approval under section 234 of the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the good faith bargaining requirements. The court also had to consider the impact of the agreement on the employees, particularly whether it provided for a fair and reasonable level of protection for employees' rights and interests. The primary issue was whether the agreement was consistent with the principles of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission, in granting approval, found that the collective agreement was fair and reasonable. The court noted that the agreement addressed the core employment terms in a manner that was consistent with the principles of the Fair Work Act. The provisions related to wages, hours of work, and other employment-related matters were considered to be fair and reasonable. The court acknowledged the concerns raised by Tank Services Pty Ltd but determined that the overall terms of the agreement provided for a fair and reasonable level of protection for the employees. The court concluded that the agreement met the criteria for approval and was consistent with the requirements of the Fair Work Act.

The Fair Work Commission approved the collective agreement between Tank Services Pty Ltd and the CEPU Plumbing Division Mechanical Union for the period 2015 to 2019. The approval was based on the finding that the agreement provided for fair and reasonable terms and conditions of employment and complied with the good faith bargaining requirements under the Fair Work Act 2009. The decision confirms that the agreement is binding on the parties and the employees covered by it.

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