DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5911)

MAXIMUM PIPE INSTALLATION PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 OCTOBER 2016

Application for approval of the Maximum Pipe Installation Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Maximum Pipe Installation Pty Ltd and CEPU Plumbing Division Fire Services 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 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 Fair Work Commission received an application for approval of a collective agreement between Maximum Pipe Installation Pty Ltd and the CEPU Plumbing Division Fire Services Union for the period 2015-2019. The union sought to have the agreement registered, while the employer opposed its approval. The dispute was heard by the Commission, which was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the collective agreement met the necessary standards under the Act. Specifically, the Commission needed to ascertain if the agreement was made in good faith, if it contained the required minimum terms and conditions, and if it adhered to the provisions of the Act, including any relevant awards or registered agreements. Furthermore, the Commission had to ensure that the agreement did not contravene any provisions of the Act or impose any unfair terms on employees.

The Commission found that the agreement did not contain all the required minimum terms and conditions as specified in the Act. It was noted that the agreement did not include provisions for redundancy payments, which are a mandatory minimum term under the Act. Additionally, the Commission determined that the agreement did not comply with the requirements of the Act as it failed to provide adequate notice periods for termination of employment. The Commission concluded that the agreement did not meet the necessary standards and therefore could not be approved. The application for approval was dismissed, and the agreement was not registered.

The Fair Work Commission dismissed the application for approval of the collective agreement between Maximum Pipe Installation Pty Ltd and the CEPU Plumbing Division Fire Services Union. The decision highlights the importance of ensuring that collective agreements comply with all statutory requirements, including the inclusion of mandatory minimum terms and conditions. The outcome serves as a reminder to employers and unions to carefully review and ensure that their agreements meet the legal standards set out in the Act before seeking approval.

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