DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5875)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Anikha 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 Anikha 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.

[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 14 October 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Anikha Pty Ltd, with the dispute concerning the approval of the Anikha Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2015-2019. The Fair Work Commission was the court that heard the case. The union sought approval for the collective agreement, which outlined the terms and conditions of employment for employees within the plumbing division lagging union. The case revolved around whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issue the court needed to address was whether the collective agreement met the necessary requirements to be approved under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a genuine agreement reached through proper bargaining, if it met the minimum standards set out in the Fair Work Act, and if it complied with other relevant provisions. Additionally, the court had to consider any objections raised by the parties or other interested parties.

The court found that the collective agreement met the necessary requirements to be approved under the Fair Work Act. The court determined that the agreement was a genuine agreement reached through proper bargaining and that it met the minimum standards set out in the Act. Furthermore, the court found that the agreement complied with other relevant provisions and that there were no valid objections raised against it. As a result, the court approved the collective agreement, which will govern the terms and conditions of employment for employees within the plumbing division lagging union for the period 2015-2019.

In summary, the Fair Work Commission approved the Anikha Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2015-2019, finding that it met the necessary requirements under the Fair Work Act. The court determined that the agreement was a genuine agreement reached through proper bargaining and that it met the minimum standards set out in the Act. Furthermore, the court found that the agreement complied with other relevant provisions and that there were no valid objections raised against it. This decision provides certainty for both the union and the employer and ensures that the employees within the plumbing division lagging union have their terms and conditions of employment governed by a legally approved collective agreement.

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