DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6085)

AMS HYDRAULICS PTY LTD & CEPU PLUMBING DIVISION - NSW REGIONAL PLUMBING ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 18 OCTOBER 2016

Application for approval of the AMS Hydraulics Pty Ltd & CEPU Plumbing Division - NSW Regional Plumbing Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the AMS Hydraulics Pty Ltd & CEPU Plumbing Division - NSW Regional Plumbing Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 25 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEPIU) sought approval of the AMS Hydraulics Pty Ltd & CEPU Plumbing Division - NSW Regional Plumbing Enterprise Agreement 2016-2019. The dispute arose as the agreement needed formal endorsement to ensure its enforceability and compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval, including whether it provided for the minimum entitlements and offered no less favourable treatment than the relevant award or safety net award.

The primary legal issues involved assessing whether the agreement provided for minimum entitlements, whether it contained terms that offered no less favourable treatment than the relevant award, and if it complied with the procedural requirements of the Fair Work Act. The court needed to review the agreement's provisions to ensure they did not disadvantage employees and were in line with statutory standards. Additionally, the Commission had to consider if the agreement was genuinely negotiated and if it included appropriate mechanisms for resolving disputes.

The Fair Work Commission found that the AMS Hydraulics Pty Ltd & CEPU Plumbing Division - NSW Regional Plumbing Enterprise Agreement 2016-2019 provided for the minimum entitlements and offered no less favourable treatment than the relevant award. The Commission concluded that the agreement was fairly negotiated and included adequate dispute resolution mechanisms. Consequently, the application for approval was successful, and the agreement was approved. The decision underscored the importance of ensuring that enterprise agreements meet statutory requirements and protect the rights of employees.

The Fair Work Commission approved the AMS Hydraulics Pty Ltd & CEPU Plumbing Division - NSW Regional Plumbing Enterprise Agreement 2016-2019. The agreement was deemed to meet the necessary legal criteria and was endorsed for enforceability and compliance with 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