DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4797)

CONAIR INSTALLATIONS 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 Conair Installations 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 Conair Installations 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 before the court 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 entered into with Conair Installations Pty Ltd (the Employer). This case was heard in the Fair Work Commission, a tribunal with jurisdiction over employment relations and workplace disputes in Australia. The Union sought approval of the Conair Installations Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019 (the Agreement) under section 234 of the Fair Work Act 2009. The Union argued that the Agreement contained terms that were in the best interests of the employees covered by the agreement and were consistent with the principles of the national workplace relations system.

The primary legal issue before the court was whether the terms of the Agreement were consistent with the provisions of the Fair Work Act and whether the agreement was in the best interests of the employees. The court had to consider the provisions of the Act and the principles of good faith bargaining and mutual benefit. The Union argued that the Agreement was the product of genuine bargaining and contained terms that were beneficial to the employees. The Employer did not oppose the application but submitted that the court should ensure that the Agreement did not contain any terms that were contrary to the provisions of the Act.

In determining the application, the court examined the provisions of the Agreement and the evidence presented by the Union regarding the bargaining process. The court found that the Agreement contained terms that were consistent with the principles of the national workplace relations system and that the Union had genuinely bargained with the Employer. The court also found that the terms of the Agreement were in the best interests of the employees, as they provided for fair and reasonable conditions of employment. The court approved the Agreement under section 234 of the Fair Work Act, subject to the terms and conditions set out in the order.

The court made an order approving the Conair Installations Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019, with certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the provisions relating to overtime, penalty rates, and shift loadings. The court also ordered that the Agreement be registered with the Fair Work Commission and that copies of the approved Agreement be provided to the Employer and the Union. The Union was also ordered to provide a copy of the approved Agreement to each employee covered by the Agreement within a specified timeframe.

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