DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5432)

THERMAL PIPING PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Thermal Piping Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Thermal Piping Pty Ltd and CEPU Plumbing Division Mechanical 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. 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 26 September 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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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, on behalf of the CEPU Plumbing Division Mechanical Union, for the approval of the Thermal Piping Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019. The application was made under section 236 of the Fair Work Act 2009. The nature of the dispute was the approval of the terms and conditions set out in the collective agreement, which covered various aspects of employment such as wages, hours of work, and other employment conditions for employees of Thermal Piping Pty Ltd.

The legal issues before the court were primarily centred on whether the terms of the collective agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the requirements for employee representation and the minimum terms and conditions that must be included in an approved agreement. The court needed to determine whether the agreement met the statutory requirements for approval, including whether it provided for a fair and efficient means of resolving disputes and whether it included all the prescribed minimum terms and conditions. Additionally, the court had to consider whether the agreement was in the best interests of the employees and the employer.

The Fair Work Commission found that the collective agreement substantially complied with the requirements of the Fair Work Act 2009. The agreement provided for a fair and efficient means of resolving disputes through the establishment of a joint committee. The Commission noted that while there were minor deficiencies in the agreement, these did not significantly detract from its overall compliance with the statutory requirements. The Commission was satisfied that the agreement included all the prescribed minimum terms and conditions and that it was in the best interests of the employees and the employer. Consequently, the Fair Work Commission approved the collective agreement.

The final orders of the Fair Work Commission were that the Thermal Piping Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019 be approved, with the specified terms and conditions. The approval was effective from the date of the decision, ensuring that the agreement would govern the employment conditions of the employees for the duration of the 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