DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5598)

LJC INSTALLATION SERVICES T/A LJC FIRE PROTECTION 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 LJC Installation Services t/a LJC Fire Protection 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 LJC Installation Services t/a LJC Fire Protection 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a collective agreement between LJC Installation Services trading as LJC Fire Protection Pty Ltd and the CEPU Plumbing Division Fire Services Union for the period 2015 to 2019. The dispute centred around the interpretation and compliance of the proposed agreement with relevant labour laws and standards. The Commission was tasked with determining whether the agreement met the criteria for approval as stipulated by the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement adhered to the procedural requirements for approval, including proper consultation and representation of the employees, and whether it complied with the good faith bargaining provisions. Additionally, the Commission needed to assess if the agreement contained terms and conditions that were consistent with the Fair Work Act and did not undermine the protection of employees' rights. The Commission also examined if the agreement was fair and reasonable, taking into account the economic and social context in which it was negotiated.

After thorough review, the Commission found that the agreement satisfied the necessary procedural requirements and was the product of genuine good faith bargaining. The terms and conditions were deemed to be fair and reasonable, providing adequate protections for employees while allowing for the operational needs of the employer. The Commission concluded that the agreement was in compliance with the Fair Work Act and approved the collective agreement, thus allowing it to come into effect from 1 July 2015. The decision provided clarity on the obligations and rights of both the employer and the employees under the 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