DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7902)

COOKE & DOWSETT PTY LTD AND CEPU (WA) UNION COLLECTIVE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 12 JANUARY 2017

Application for approval of the Cooke & Dowsett 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 Cooke & Dowsett 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] 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Cooke & Dowsett Pty Ltd (the Employer). The dispute pertains to the approval of the Collective Agreement 2016-2019 (the Agreement) between the Union and the Employer. The case was heard by the Fair Work Commission of Australia (the Commission).

The primary legal issues before the Commission were whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009, and if the Agreement was made in good faith and for the purpose of creating an industrial instrument. This included assessing whether the Agreement was made free from any improper conduct or coercion and whether it contained provisions that were fair and reasonable. The Commission also had to determine whether the Agreement complied with the relevant minimum standards and if it was made in accordance with the Fair Work (Registered Organisations) Act 2009.

The Commission reviewed the submissions from both parties and the evidence provided. The Union argued that the Agreement was made in good faith, was free from any improper conduct, and contained fair and reasonable provisions. The Employer, on the other hand, raised concerns about certain provisions within the Agreement. After carefully considering the evidence and submissions, the Commission found that the Agreement met the statutory requirements for approval and was made in good faith. The Commission determined that the Agreement contained provisions that were fair and reasonable and did not contravene any minimum standards.

The Commission approved the Agreement, and it became effective as of the date of the Commission's decision. The Agreement now serves as the binding industrial instrument between the Union and the Employer for the specified period of 2016 to 2019. The decision ensures that the terms and conditions of employment for the employees covered by the Agreement are regulated and protected by the approved industrial instrument.

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