DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7251)

DANDY THERMAL INSULATIONS PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Dandy Thermal Insulations Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dandy Thermal Insulations Pty Ltd and CEPU - Plumbing Division Victorian Branch 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 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 13 December 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) made an application for the approval of the Dandy Thermal Insulations Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The company, Dandy Thermal Insulations Pty Ltd, opposed the application on the basis that the agreement contained unfair terms that did not meet the requirements of the Fair Work Act 2009. The Union argued that the terms were fair and reasonable, given the context of the agreement and the bargaining process. The central legal issues before the Commission were whether the terms of the agreement were procedurally and substantively fair. The Commission considered whether the agreement was made in accordance with the correct bargaining process and whether the terms themselves were reasonable in all the circumstances.

The Commission found that the agreement was made in accordance with the correct bargaining process and that the Union had exercised its bargaining rights appropriately. The Commission also found that the terms of the agreement were fair and reasonable, taking into account the context of the agreement and the bargaining process. The Commission noted that the agreement contained terms that were beneficial to both parties, and that the Union had made reasonable concessions in order to reach an agreement. The Commission concluded that the terms of the agreement were not unfair within the meaning of the Fair Work Act 2009 and approved the agreement.

The Commission emphasised the importance of ensuring that agreements are made in accordance with the correct bargaining process and that the terms of the agreement are fair and reasonable. The Commission also highlighted the importance of both parties working together in good faith to reach an agreement that is beneficial to both parties. The Commission approved the agreement and made orders accordingly.

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