DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4746)

GSH CONTRACTORS PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the GSH Contractors 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 GSH Contractors 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 11 August 2016 and, in accordance with s.54, will operate from 18 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 the recent case of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was tasked with approving the GSH Contractors Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019. The application was made by the CEPU Plumbing Division, which sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for registration, including whether it contained minimum terms and conditions of employment that complied with the Fair Work Act.

The key legal issues the Commission needed to address were whether the agreement was genuinely an agreement between the parties, whether it contained the requisite minimum terms and conditions, and whether it complied with any relevant provisions of the Fair Work Act. Additionally, the Commission had to ensure that the agreement did not discriminate against employees or undermine the collective bargaining process. The Commission examined the application and the agreement to determine if it met all the statutory requirements for approval.

The Fair Work Commission found that the agreement was genuinely an agreement between the parties and contained the requisite minimum terms and conditions. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and other employment-related matters. The Commission was satisfied that the agreement did not discriminate against employees and did not undermine the collective bargaining process. Accordingly, the Commission approved the agreement, finding that it met all the necessary requirements for registration under the Fair Work Act.

In approving the agreement, the Fair Work Commission issued a certificate of registration, which is effective from the date of the decision. The certificate will be published on the Fair Work Commission's website, and the agreement will be registered as a registered agreement under the Fair Work Act. This decision provides clarity and certainty for the parties involved and sets a precedent for future agreements in the industry.

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