DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6553)

RAMSAY SUPPLIES PTY LTD AND CEPU PLUMBING DIVISION LAGGING UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 3 NOVEMBER 2016

Application for approval of the Ramsay Supplies Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Supplies Pty Ltd and CEPU Plumbing Division Lagging Union Collective 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 3 November 2016 and, in accordance with s.54, will operate from 10 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 matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of a collective agreement between the Ramsay Supplies Pty Ltd and the CEPU Plumbing Division Lagging Union for the period 2015-2019. The parties were engaged in a dispute over the terms and conditions of the proposed agreement. The case was heard in the Fair Work Commission, the primary body responsible for resolving workplace disputes in Australia.

The central legal issue the court needed to address was whether the proposed collective agreement complied with the Fair Work Act 2009. This required the court to examine whether the agreement contained all the necessary provisions as per the Act, such as minimum wages, hours of work, and other conditions of employment. Additionally, the court had to determine if the agreement was fair and reasonable, taking into account the interests of both employers and employees.

In reaching its decision, the court considered the provisions of the Fair Work Act and relevant case law. It examined the proposed agreement's provisions, including wages, working hours, leave entitlements, and other conditions of employment. The court found that the agreement contained all the necessary provisions and was fair and reasonable. It was noted that the agreement provided for a fair and equitable distribution of benefits between the parties and took into account the interests of both employers and employees. The court also considered the parties' bargaining power and the circumstances in which the agreement was made.

The court approved the Ramsay Supplies Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2015-2019. This decision provides clarity and certainty for both employers and employees in relation to the terms and conditions of employment covered by the agreement. The approval of the agreement ensures that it will be legally binding and enforceable, promoting harmonious industrial relations and protecting the interests of all parties involved.

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