DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5560)

THE TRUSTEE FOR THE P.K. TRUST T/A FIRE PIPE INSTALLATIONS PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 28 SEPTEMBER 2016

Application for approval of the The Trustee for The P.K. Trust t/a AB Fire Pipe Installations 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 The Trustee for the P.K. Trust t/a Fire Pipe Installations 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 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 5 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEAIUPA) for approval of the CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009. The respondent, The Trustee for The P.K. Trust t/a AB Fire Pipe Installations Pty Ltd, did not oppose the application but sought a variation to the agreement.

The central legal issue was whether the agreement met the requirements of section 233 of the Fair Work Act 2009, specifically whether it provided for the fair and efficient resolution of workplace issues and contained appropriate mechanisms for dispute resolution. The Commissioner had to consider whether the agreement adequately balanced the interests of the employees, employers, and the broader public.

The Commissioner found that the agreement, as presented, was deficient in certain respects but could be remedied by minor amendments. The Commissioner noted that the agreement contained provisions that aligned with the objectives of the Fair Work Act, including provisions for dispute resolution and protections for employees. However, the Commissioner identified issues with the classification of employees and the definition of certain terms. The Commissioner required amendments to these provisions to ensure they were clear, precise, and fair. Following these amendments, the Commissioner was satisfied that the agreement met the legislative requirements and approved it with the specified changes.

The final orders of the Commission included the approval of the CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019, subject to the amendments made to address the identified deficiencies. The Commission directed that the agreement be lodged with the Commission and the relevant parties be notified of the 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