DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6513)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Country Air 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 Country Air 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 18 November 2016 and, in accordance with s.54, will operate from 25 November 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 union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Country Air Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019. The dispute centred around the terms and conditions of employment within the agreement, particularly those related to the classification and pay rates of employees. The matter was heard in the Fair Work Commission.

The legal issues before the court involved whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions, and if it adequately protected the rights and interests of the employees. The court was required to determine if the agreement was genuinely negotiated and if it complied with the provisions for minimum standards set by the Act.

In its decision, the Fair Work Commission examined the negotiation process and the content of the agreement. The Commission found that the agreement had been genuinely negotiated between the union and the employer, and that it provided for fair and reasonable terms and conditions for employees. The Commission also determined that the agreement met all necessary minimum standards under the Act. The court approved the agreement, finding it to be in the best interests of the employees and compliant with the statutory requirements.

The Fair Work Commission's final order was the approval of the Country Air Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019, effective from the date of the decision. This decision confirmed the agreement as a valid and enforceable contract between the union, the employer, and the employees.

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