DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7659)

AUSTRALIAN PIPE SOLUTIONS PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the Australian Pipe Solutions Pty Ltd 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 Australian Pipe Solutions Pty Ltd 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 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 10 January 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

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) for approval of the Australian Pipe Solutions Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, which the applicant sought to have recognised and enforced through court approval. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues the court was required to decide included whether the proposed agreement complied with the Fair Work Act 2009, whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was consistent with the principles of the Fair Work Act. Furthermore, the court had to consider whether the agreement was made in good faith and whether it was appropriate for the agreement to be registered and enforced.

The court found that the proposed agreement did comply with the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The court noted that the agreement was made in good faith and was consistent with the principles of the Fair Work Act. The court also found that the agreement was appropriate for registration and enforcement. The court concluded that the applicant had satisfied the requirements for approval of the agreement under the Fair Work Act.

In light of the court's findings, the applicant's application for approval of the agreement was approved. The agreement was registered and enforceable under the Fair Work Act, providing certainty and protection for the employees covered by the agreement. The court's decision provided clarity on the terms and conditions of employment for the employees of Australian Pipe Solutions Pty Ltd and ensured that the agreement was consistent with the principles of the Fair Work Act.

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