DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7432)

CHRISTOPHER CONTACTING PTY LTD AND CEPU (WA) UNION COLLECTIVE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 16 JANUARY 2017

Application for approval of the Christopher Contacting Pty Ltd and CEPU (WA) Union Collective Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Christopher Contacting Pty Ltd and CEPU (WA) Union Collective 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] 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.

[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 23 January 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) applied for approval of the Christopher Contacting Pty Ltd and CEPU (WA) Union Collective Agreement 2016-2019. The Applicant and Christopher Contacting Pty Ltd (the Respondent) were unable to reach agreement on the terms of the proposed agreement. The Applicant sought approval of the agreement from the Commission, contending that the agreement provided for fair and reasonable terms and conditions of employment. The Respondent opposed the application, arguing that the agreement contained unfair and unreasonable terms.

The Commission considered whether the agreement contained terms and conditions that were fair and reasonable in all respects. The Commission examined the evidence and submissions from both parties and found that the proposed agreement contained provisions that were not fair and reasonable in all respects. The Commission determined that the provisions regarding shift loading and overtime pay were unfair and unreasonable, as they did not provide adequate protection for employees. The Commission also found that the agreement did not adequately address the issue of redundancy and the impact on employees. The Commission refused to approve the agreement.

The Commission noted that the agreement contained many fair and reasonable provisions, including provisions relating to pay rates, leave entitlements, and dispute resolution. However, the Commission found that the unfair and unreasonable provisions were significant and could not be approved. The Commission emphasised the importance of ensuring that employees are adequately protected in their employment terms and conditions. The Commission concluded that the agreement did not provide for fair and reasonable terms and conditions of employment in all respects and refused to approve 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