DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6407)

AIRCON PIPING INSTALLATIONS PTY LTD & CEPU PLUMBING DIVISION – NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 24 OCTOBER 2016

Application for approval of the Aircon Piping Installations 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 Aircon Piping Installations 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 October 2016 and, in accordance with s.54, will operate from 31 October 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 parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the union) and Aircon Piping Installations Pty Ltd (the employer). The union filed an application seeking approval of the Mechanical Enterprise Agreement 2015-2019 with the employer, which covers the employees within the CEPU Plumbing Division - NSW Branch. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved and registered under the Fair Work Act 2009. The union argued that the agreement was appropriate and met the legal criteria, while the employer did not contest the agreement's contents but raised concerns about specific provisions.

The primary legal issue before the FWC was whether the Mechanical Enterprise Agreement 2015-2019 was in compliance with the requirements of the Fair Work Act. The FWC had to assess whether the agreement met the criteria for approval, such as ensuring it did not have an adverse effect on the health and safety of employees and was not contrary to public policy. Additionally, the FWC needed to determine whether the agreement provided for the protection of employees' rights and interests.

The FWC determined that the Mechanical Enterprise Agreement 2015-2019 was in compliance with the Fair Work Act and met the criteria for approval. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other employment-related matters. The FWC also found that the agreement did not have an adverse effect on the health and safety of employees and was not contrary to public policy. The employer's concerns about specific provisions were addressed and resolved through negotiation and compromise. The FWC approved the agreement and ordered that it be registered under the Fair Work Act.

In conclusion, the FWC approved the Mechanical Enterprise Agreement 2015-2019 between the union and the employer, finding it to be in compliance with the Fair Work Act and meeting the criteria for approval. The FWC's decision highlights the importance of fair and reasonable terms and conditions of employment in enterprise agreements and the role of the FWC in ensuring that agreements meet the legal requirements. The outcome of this case provides clarity for employers and employees in the plumbing industry regarding the terms and conditions of their employment and the role of enterprise agreements in regulating their workplace relations.

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