DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4791)

UPRITE DUCTING SERVICES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the Uprite Ducting Services 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 Uprite Ducting Services 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 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

The matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the union) for approval of a collective agreement with Uprite Ducting Services Pty Ltd and the CEPU Plumbing Division Mechanical Union. The Fair Work Commission (FWC) was the court in this instance. The union sought to have the agreement approved under the Fair Work Act 2009, which requires that agreements be approved by the FWC if they are to have the force of law.

The primary legal issue before the FWC was whether the collective agreement met the requirements for approval under the Fair Work Act. Specifically, the FWC had to consider whether the agreement was a "registered agreement" and if it met the various criteria set out in the Act. These criteria included whether the agreement dealt with the terms and conditions of employment, whether it was made by an eligible organisation, and whether it was in the public interest. The FWC also had to consider whether the agreement complied with the "better off overall test" which requires that employees be no worse off financially under the agreement than they would be under the applicable award or safety net.

The FWC determined that the agreement was a registered agreement and met the criteria for approval under the Fair Work Act. The FWC found that the agreement dealt with the terms and conditions of employment and was made by an eligible organisation. The FWC also found that the agreement was in the public interest and met the better off overall test. The FWC noted that the agreement provided for a range of benefits for employees, including higher wages and improved working conditions, and that these benefits outweighed any potential negative impacts on employers. The FWC therefore approved the agreement and it now has the force of law.

The FWC approved the application for the Uprite Ducting Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019, finding that it met all the necessary criteria for approval under the Fair Work Act. The agreement is now a legally binding document that sets out the terms and conditions of employment for employees in the covered industries.

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