DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4129)

COLLINGWOOD BUILDING SERVICES PTY LTD AND THE CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 15 AUGUST 2016

Application for approval of the Collingwood Building Services Pty Ltd and the CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Collingwood Building Services Pty Ltd and the CEPU - Plumbing Division Victorian Branch Enterprise 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 15 August 2016 and, in accordance with s.54, will operate from 22 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

The case before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Collingwood Building Services Pty Ltd. The dispute centred on whether the terms of the proposed agreement met the necessary standards for approval under Australian labour law, particularly whether the agreement was genuinely negotiated and whether it provided for minimum terms and conditions of employment.

The key legal issues the Commission needed to address included whether the agreement had been genuinely negotiated between the parties, if it contained minimum terms and conditions as required by the Fair Work Act, and if it complied with the requirements of the Fair Work (Registered Organisations) Act 2009. The Commission also needed to ensure that the agreement did not disadvantage employees and that it provided a safety net for those not covered by the agreement.

In examining these issues, the Fair Work Commission found that the agreement had indeed been genuinely negotiated and contained all the mandated minimum terms and conditions. The Commission noted the comprehensive nature of the bargaining process and the inclusion of provisions that went beyond the minimum standards, such as those concerning redundancy payments and parental leave. The Commission concluded that the agreement did not disadvantage employees and provided an appropriate safety net. Consequently, the Commission approved the Enterprise Agreement, finding that it met all the necessary statutory requirements.

No further orders were made by the Commission beyond the approval of the agreement. The approval of the agreement was a significant outcome, as it provided a legally binding framework for the terms and conditions of employment for the employees covered by the agreement, ensuring they were fairly and adequately represented in their workplace.

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