DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5807)

RICHARDSONS PLUMBING WORKS PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 OCTOBER 2016

Application for approval of the Richardsons Plumbing Works Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Richardsons Plumbing Works Pty Ltd and CEPU Plumbing Division Roofing Union Collective 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 (128V). 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 10 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Richardsons Plumbing Works Pty Ltd. The Union sought approval for a collective agreement between the Union and the CEPU Plumbing Division Roofing Union (the Agreement). The matter was heard in the Fair Work Commission (FWC), which has jurisdiction over industrial disputes and collective agreements in Australia.

The primary legal issue before the FWC was whether the Agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the Agreement complied with the good faith bargaining requirements and the provisions concerning the terms and conditions of employment, including those related to pay and conditions. The FWC also considered if the Agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions.

The FWC examined the evidence provided by both parties and assessed the Agreement against the statutory criteria. The FWC found that the Agreement demonstrated good faith bargaining and contained provisions that were fair and reasonable. The FWC concluded that the Agreement met the legislative requirements and was in the best interests of the employees. Consequently, the FWC approved the Agreement, allowing it to be registered and enforceable under the Fair Work Act.

The FWC's decision was that the Richardsons Plumbing Works Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016 - 2019 was approved and should be registered. This ruling provided legal certainty to the terms and conditions set out in the Agreement, which would govern the employment relationship between the Union, the employer, and the employees for the specified period.

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