DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/303)

WOLLONGONG MECHANICAL PLUMBING PTY LTD & CEPU PLUMBING DIVISION – NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Wollongong Mechanical Plumbing 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 Wollongong Mechanical Plumbing 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 the 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 24 February 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 matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Wollongong Mechanical Plumbing Pty Ltd, the Fair Work Commission was asked to decide whether to approve the Mechanical Enterprise Agreement 2015-2019 between the union and the employer. This agreement contained terms and conditions of employment for workers employed by the employer in the mechanical plumbing division in New South Wales. The union had applied for the agreement to be approved, and the employer had not opposed the application. The legal issues before the Commission were whether the agreement was a genuine bargain between the parties, whether it contained the minimum entitlements required by the Fair Work Act, and whether it complied with other statutory requirements.

The Commission considered the evidence and submissions presented by the parties and found that the agreement was a genuine bargain, as it had been negotiated in good faith and contained terms and conditions that were reasonable and fair. The agreement also contained all the minimum entitlements required by the Fair Work Act, such as the national minimum wage, penalty rates, leave entitlements, and notice of termination. The Commission also noted that the agreement included some improvements to the terms and conditions of employment compared to the previous agreement, such as increased pay rates and reduced working hours. The Commission was satisfied that the agreement complied with all the statutory requirements and did not have any detrimental effects on the employees or the employer.

Accordingly, the Commission approved the Mechanical Enterprise Agreement 2015-2019 and made an order to that effect. The order was registered by the Commission on [date]. The agreement would now apply to the employees covered by it until it was terminated or replaced by a new agreement. The parties were bound by the terms and conditions of the agreement and could not deviate from them unless agreed otherwise or authorised by law.

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