DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6851)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 24 NOVEMBER 2016

Application for approval of the Austpipe Plumbing 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 Austpipe Plumbing 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. 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 24 November 2016 and, in accordance with s.54, will operate from 1 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 application before the court was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and the CEPU Plumbing Division - NSW Branch (the Branch) for approval of the Austpipe Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019 (the Agreement). The application was brought under section 187 of the Fair Work Act 2009 (Cth) and sought to have the Agreement registered as a single-enterprise agreement. The primary legal issue the court had to decide was whether the Agreement met the statutory criteria for approval, specifically under section 231 of the Act. The court had to examine whether the Agreement was in writing, provided for the terms and conditions of employment for employees in the covered enterprises, and included a provision for variation by the parties.

In determining the application, the court considered whether the Agreement met the requirements of section 231 of the Fair Work Act 2009. The court examined the content of the Agreement and found that it was in writing and provided for the terms and conditions of employment for the employees covered by the Agreement. The court also considered whether the Agreement included a provision for variation by the parties, which it did. The court concluded that the Agreement met the statutory criteria for approval and did not contain any provisions that would prevent its registration. The court found that the Agreement was fair and reasonable and did not have any adverse economic or social effects.

The court approved the application and registered the Agreement as a single-enterprise agreement. The court found that the Agreement was in the best interests of the employees and employers covered by the Agreement. The court's approval of the Agreement provides certainty and stability for the parties and ensures that the terms and conditions of employment are fair and reasonable. The court's decision is a significant step forward in the ongoing efforts to promote fair work practices in Australia.

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

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Legal Principle Established