DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4925)

ONSITE DUCT SERVICES AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 15 AUGUST 2016

Application for approval of the Onsite Duct Services 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 Onsite Duct Services 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. 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Onsite Duct Services and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019. The case was heard in the Fair Work Commission, which has jurisdiction over matters of this nature under the Fair Work Act 2009. The Union argued that the proposed agreement should be approved, as it met the necessary requirements for registration and was in the interests of the employees it represented.

The primary legal issue the court needed to address was whether the proposed agreement complied with the statutory provisions and was in the best interests of the employees. This involved examining the terms of the agreement to ensure they adhered to the relevant legislative framework and did not contain any invalid provisions. The court also had to consider whether the agreement would promote the economic and social wellbeing of the employees by providing fair and reasonable terms.

The court found that the proposed agreement was compliant with the statutory requirements and was in the best interests of the employees. It determined that the terms were fair and reasonable and did not contain any invalid provisions. The court also concluded that the agreement would promote the economic and social wellbeing of the employees by providing them with fair and reasonable terms. As a result, the court approved the Onsite Duct Services and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019.

The court's approval of the agreement meant that it could now be registered with the Fair Work Commission, and the terms would be legally binding on the parties involved. The Union could now implement the agreement and ensure that the employees were provided with the benefits outlined within it. The outcome of this case highlights the importance of ensuring that collective agreements are compliant with the relevant legislation and in the best interests of the employees they represent.

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