DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6917)

AZURE PLUMBING SERVICES PTY LTD & CEPU PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 12 DECEMBER 2016

Application for approval of the Azure Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Azure Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 12 December 2016 and, in accordance with s.54, will operate from 19 December 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU Plumbing Division - NSW Branch, with Azure Plumbing Services Pty Ltd being the employer in question. The matter was brought before the Fair Work Commission, which was tasked with deciding whether to approve the proposed Plumbing Enterprise Agreement between the union and the employer for the period 2015 to 2019. The union sought the Commission's approval of the agreement, which had been negotiated and agreed upon by the parties. The employer, however, contested the union's application, arguing that the proposed agreement contained provisions that were not in line with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met all the necessary criteria for approval under the Fair Work Act. This included assessing if the agreement contained the mandated minimum terms and conditions, and whether it complied with any relevant provisions of the Act that might impact the fairness and effectiveness of the agreement. The Commission also had to consider if the agreement had been genuinely negotiated between the parties and whether it was in the best interests of the employees involved.

In its decision, the Commission carefully reviewed the proposed agreement and the submissions from both the union and the employer. It found that the agreement contained all the mandated minimum terms and conditions, and that it was genuinely negotiated between the parties. The Commission also determined that the agreement was in the best interests of the employees and did not contain any provisions that were unfair or contrary to the objectives of the Fair Work Act. Consequently, the Commission approved the proposed agreement, thereby resolving the dispute between the parties.

No additional orders were made by the Commission beyond its approval of the agreement. The decision provided clarity for the parties involved and confirmed the validity of the negotiated agreement, allowing it to take effect from the specified period.

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