DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6846)

AXIS PLUMBING ACT PTY LTD & CEPU ACT PLUMBING ENTERPRISE AGREEMENT 2016-2020

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Axis Plumbing ACT PTY LTD & CEPU ACT Plumbing Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Axis Plumbing ACT PTY LTD & CEPU ACT Plumbing Enterprise Agreement 2016-2020 (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 2 December 2016. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Axis Plumbing ACT PTY LTD. The Union sought approval of the Axis Plumbing ACT PTY LTD & CEPU ACT Plumbing Enterprise Agreement 2016-2020. The matter was heard by the Fair Work Commission (FWC). The Union applied for the approval of the enterprise agreement which was negotiated between the Union and the employer. The employer's employees were covered by the agreement and the Union had the necessary majority of members' support for the agreement.

The legal issues before the FWC were whether the enterprise agreement complied with the Fair Work Act 2009 and if it met the necessary criteria for approval. This included assessing if the agreement contained the prescribed minimum terms and conditions, if it was made in good faith, and if it had been properly certified. The Union argued that the agreement was fair and reasonable, while the employer maintained that it was in the best interests of the business.

The FWC considered the terms of the agreement, the bargaining process, and the evidence presented by both parties. The Commission found that the agreement contained the prescribed minimum terms and conditions and was made in good faith. The FWC also noted that the agreement provided for a fair and reasonable outcome for both parties, with provisions for wage increases, improved working conditions, and dispute resolution mechanisms. The FWC approved the enterprise agreement, stating that it met all the necessary criteria for approval.

The FWC's decision resulted in the Axis Plumbing ACT PTY LTD & CEPU ACT Plumbing Enterprise Agreement 2016-2020 being approved and binding on both parties. The agreement provided a framework for the relationship between the Union and the employer, setting out the terms and conditions of employment for the employees covered by the agreement. The approval of the enterprise agreement ensures that the employees have a fair and reasonable workplace, while also providing the employer with flexibility in managing their business.

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