DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6370)

AUSTRALIAN PIPE SOLUTIONS PTY LTD & CEPU PLUMBING DIVISION – NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Australian Pipe Solutions 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 Australian Pipe Solutions 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.

[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 26 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Australian Pipe Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch. The dispute was centred around the application for approval of the Mechanical Enterprise Agreement 2015-2019. The court was tasked with determining whether the agreement was fit for purpose and met the legal requirements for approval under the Fair Work Act 2009. The CEPU union sought approval for the agreement, while Australian Pipe Solutions Pty Ltd did not oppose the application but raised some concerns about specific provisions.

The legal issues that needed to be resolved included whether the agreement was genuinely negotiated, whether it contained the necessary minimum entitlements, and if it complied with other relevant provisions of the Fair Work Act 2009. The court examined the negotiation process and the provisions of the agreement to ensure that it met the legal standards for approval. Additionally, the court considered the fairness and reasonableness of the agreement's terms and conditions.

After reviewing the evidence and arguments presented by both parties, the court found that the agreement was genuinely negotiated and met the minimum entitlements required under the Fair Work Act 2009. The court was satisfied that the agreement was fair and reasonable, and did not contain any terms that would be against public policy. Consequently, the court approved the Mechanical Enterprise Agreement 2015-2019, and it became legally binding on the parties involved.

The court's decision resulted in the approval of the Mechanical Enterprise Agreement 2015-2019 between the CEPU union and Australian Pipe Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch. The agreement now governs the employment terms and conditions of the employees within the scope of the agreement, and both parties are bound by its provisions.

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