DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6685)

SPECIFIC REFRIGERATION & MECHANICAL SERVICES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	SYDNEY, 23 NOVEMBER 2016

Application for approval of the Specific Refrigeration & Mechanical Services Pty Ltd and CEPU - Plumbing Division Branch Enterprise Agreement 2015 - 019.

[1] An application has been made for approval of an enterprise agreement known as the Specific Refrigeration & Mechanical Services Pty Ltd and CEPU – Plumbing Division Victorian 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 30 November 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Specific Refrigeration & Mechanical Services Pty Ltd (the Employer). The dispute arose under the Fair Work Act 2009, and was heard by the Fair Work Commission (the Commission). The Union sought approval of the Specific Refrigeration & Mechanical Services Pty Ltd and CEPU - Plumbing Division Branch Enterprise Agreement 2015. The Employer contested the application on various grounds, including that the agreement did not meet the requirements of the Act.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement contained the mandatory terms and conditions that are required by the Act, and whether the agreement had been fairly negotiated and made in good faith. The Commission also had to consider whether the agreement provided for a fair and efficient workplace, and whether it met the requirements for direct dealing between employers and employees.

In considering these issues, the Commission examined the provisions of the agreement and the evidence provided by both parties. The Commission found that the agreement contained all the mandatory terms and conditions required by the Act, and that it had been fairly negotiated and made in good faith. The Commission also found that the agreement provided for a fair and efficient workplace, and that it met the requirements for direct dealing between employers and employees. The Commission therefore approved the agreement, and the Union's application was successful.

The Fair Work Commission approved the Specific Refrigeration & Mechanical Services Pty Ltd and CEPU - Plumbing Division Branch Enterprise Agreement 2015. The Employer's objections to the application were dismissed, and the agreement was approved as meeting all the requirements of the Fair Work Act.

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