DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4705)

BNE AIR PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 18 AUGUST 2016

Application for approval of the BNE Air 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 BNE Air 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 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. 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 18 August 2016 and, in accordance with s.54, will operate from 25 August 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 this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the BNE Air Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The application was made to the Fair Work Commission under section 232 of the Fair Work Act 2009. The union argued that the agreement was appropriate for approval as it provided a fair and efficient means of determining the employment terms and conditions of the employees covered by the agreement.

The central legal issue before the commission was whether the agreement met the criteria for approval under section 234 of the Act. Specifically, the commission needed to determine if the agreement provided for fair and efficient terms and conditions, was in the public interest, and did not undermine the operation of the safety net of minimum terms and conditions provided by the Act. The union submitted that the agreement achieved these objectives, while BNE Air Pty Ltd argued that the agreement was not in the public interest as it provided for terms and conditions that were less favourable than those provided for in the relevant award.

The commission found that the agreement met the criteria for approval. It was determined that the agreement provided for fair and efficient terms and conditions for the employees covered by the agreement, as it provided for a clear and transparent process for determining employment terms and conditions. The commission also found that the agreement was in the public interest, as it provided for a fair and efficient means of resolving disputes between the parties. Finally, the commission found that the agreement did not undermine the operation of the safety net of minimum terms and conditions provided for in the Act, as the agreement provided for terms and conditions that were not less favourable than those provided for in the relevant award.

As a result, the commission approved the agreement. The union was granted leave to apply for the approval of the agreement, and the agreement was approved as meeting the criteria set out in the Act. The final orders of the commission included the approval of the agreement and the granting of leave to the union to apply for its 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