DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5872)

PARAGON PLUMBING (WA) PTY LTD MECHANICAL PLUMBING ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Paragon Plumbing (WA) Pty Ltd Mechanical Plumbing Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Paragon Plumbing (WA) PTY LTD Mechanical 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Paragon Plumbing (WA) Pty Ltd (the Employer). The dispute was regarding the approval of the Paragon Plumbing (WA) Pty Ltd Mechanical Plumbing Enterprise Agreement 2016-2019. The case was heard in the Fair Work Commission (FWC), an Australian workplace relations tribunal.

The primary legal issue the FWC had to decide was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. The Union argued that the Agreement did not comply with certain sections of the Act, specifically sections 227 and 235, which pertain to the terms and conditions of employment, including pay rates and conditions, and the agreement's certification process. The Union's contention was that the Agreement was not fairly and properly negotiated and was not in the best interest of the employees.

The FWC examined the evidence presented by both parties, including the negotiation process and the content of the Agreement. The Commission concluded that the Agreement was fairly and properly negotiated and met the criteria for approval. The FWC found that the Union had not provided sufficient evidence to support their claims that the Agreement did not comply with sections 227 and 235 of the Act. The FWC also found that the Agreement was in the best interest of the employees, as it provided for fair and reasonable terms and conditions of employment.

As a result, the FWC approved the Paragon Plumbing (WA) Pty Ltd Mechanical Plumbing Enterprise Agreement 2016-2019. The Union's application for approval of the Agreement was dismissed, and the Agreement was registered with the FWC. The decision sets a precedent for future Enterprise Agreements and reinforces the importance of proper negotiation 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