DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7516)

KING TIDE SHEETMETAL 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 King Tide Sheetmetal 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 King Tide Sheetmetal 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 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 to gain approval for the King Tide Sheetmetal Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The union sought to have this collective agreement approved under the Fair Work Act 2009, which requires that certain conditions are met before a workplace agreement can be ratified. These conditions include the agreement being in writing, meeting the coverage requirements, and being fair and equitable.

The legal issues before the court centred on whether the collective agreement satisfied the statutory requirements for approval. Specifically, the court had to determine if the agreement adequately addressed the essential terms of employment, if it was fair and reasonable in all its aspects, and whether it complied with the relevant provisions of the Fair Work Act. The union needed to demonstrate that the agreement was made in good faith and provided for the proper regulation of the employment relationship.

The court found that the collective agreement met the statutory requirements for approval. The union presented evidence that the agreement was made in good faith and that it included all essential terms of employment. The court was satisfied that the agreement was fair and reasonable in all its aspects, taking into account the need to balance the rights and interests of both the employer and the employees. The agreement was thus approved under the Fair Work Act, allowing it to come into effect and regulate the employment relationship between King Tide Sheetmetal Pty Ltd and the union members covered by 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