DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7519)

THE TRUSTEE FOR THE FRY FAMILY TRUST T/A REFRESH AIR AUSTRALIA AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the The Trustee for The Fry Family Trust t/a Refresh Air Australia 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 The Trustee for The Fry Family Trust t/a Refresh Air Australia 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 Fair Work Commission involved an application for approval of the CEPU Plumbing Division Mechanical Union Collective Agreement 2015 – 2019 between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Trustee for The Fry Family Trust trading as Refresh Air Australia. The Union sought approval of the agreement under the Fair Work Act 2009, asserting that it contained appropriate provisions for the regulation of employment terms and conditions. The Trustee opposed the application, arguing that certain clauses within the agreement were unfair and not in compliance with the statutory requirements.

The central legal issue before the Commission was whether the collective agreement contained provisions that were contrary to the objectives of the Fair Work Act, specifically concerning procedural fairness and procedural justice. The Trustee contended that several clauses in the agreement unfairly disadvantaged employees by limiting their rights to dispute resolution and appeal processes. The Union argued that the agreement was fair and balanced, reflecting the parties' genuine agreement and adherence to statutory obligations.

The Commission found that while the agreement generally reflected a fair and reasonable balance of rights and obligations between the parties, certain provisions did indeed contravene the statutory requirements of procedural fairness. The Trustee's objections regarding the limitations on dispute resolution and appeal processes were upheld, leading the Commission to conclude that the agreement could not be approved in its current form. The Commission ordered the parties to renegotiate the affected clauses to ensure compliance with the statutory requirements for procedural fairness and justice. The Commission also emphasised the importance of maintaining fair and balanced terms in collective agreements to protect the rights of both employers and employees.

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