DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5167)

SYFON SYSTEMS PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 16 SEPTEMBER 2016

Application for approval of the Syfon Systems Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Syfon Systems Pty Ltd and CEPU Plumbing Division Plumbing 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 16 September 2016 and, in accordance with s.54, will operate from 23 September 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, applied to the Fair Work Commission for approval of the Syfon Systems Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019. Syfon Systems Pty Ltd opposed the application, contending that the agreement contained terms that did not comply with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The central issue before the Commission was whether the terms of the collective agreement were consistent with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to examine whether the agreement contained any terms that would unfairly disadvantage employees or employers, or that were otherwise inconsistent with the broader objectives of the Act. The Commission needed to assess the terms in the context of the Act’s provisions and relevant jurisprudence.

In evaluating the agreement, the Commission considered the nature of the terms proposed, their potential impact on both employees and employers, and whether they aligned with the principles of the Act. The Commission found that, while some terms were contentious, they were necessary to address specific issues within the industry and were not overly detrimental to either party. Ultimately, the Commission determined that the agreement, with some minor modifications to ensure full compliance with the Act, was fair and reasonable. It approved the collective agreement with the specified amendments, ensuring that it met the legislative standards and protected the interests of both employees and employers.

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