DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7037)

JENNINGS PIPEWORK SERVICES PTY LTD & CEPU PLUMBING DIVISION – NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Jennings Pipework Services Pty Ltd & CEPU Plumbing Division – NSW Branch Mechanical 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.

[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 12 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 before the Fair Work Commission involved an application for the approval of the Jennings Pipework Services Pty Ltd & CEPU Plumbing Division – NSW Branch Mechanical Enterprise Agreement 2015-2019. The application was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), which sought to have the agreement approved as a “modern award”. The employer, Jennings Pipework Services Pty Ltd, did not oppose the application but raised concerns about certain provisions of the agreement.

The primary legal issue for the Commission was whether the agreement met the statutory requirements for approval as a modern award. This involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it adhered to the principles of procedural fairness and good faith bargaining. The Commission had to determine if the agreement contained appropriate provisions for employee entitlements, working conditions, and dispute resolution mechanisms.

The Fair Work Commission, after carefully examining the agreement, found that it complied with the statutory requirements for approval as a modern award. The Commission noted that the agreement contained comprehensive provisions for employee entitlements, working conditions, and dispute resolution. The Commission also found that the agreement was the product of good faith bargaining between the parties and that it did not contravene any relevant principles of procedural fairness. Consequently, the Commission approved the agreement as a modern award.

The Fair Work Commission issued an order approving the Jennings Pipework Services Pty Ltd & CEPU Plumbing Division – NSW Branch Mechanical Enterprise Agreement 2015-2019 as a modern award. The agreement now provides the framework for the employment conditions of the employees covered by the award, ensuring that they receive fair and reasonable terms and conditions of employment.

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