DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4562)

ABBEY AIR AUSTRALIA PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 2 AUGUST 2016

Application for approval of the Abbey Air Australia 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 Abbey Air Australia 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 2 August 2016 and, in accordance with s.54, will operate from 9 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 Fair Work Commission involved an application for the approval of a collective agreement between Abbey Air Australia Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute centred around the terms of the proposed collective agreement, which was intended to govern the employment conditions of workers from 2015 to 2019. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it could be approved as a certified agreement.

The legal issues before the Commission included whether the agreement was a genuine bargain between the parties, whether it contained terms that were in the best interests of the employees, and whether it complied with the statutory minimum standards set out in the Fair Work Act. The Commission also had to consider whether the agreement adequately covered all necessary matters and if it provided for a fair and efficient method of dispute resolution. Furthermore, the Commission examined whether the agreement met the requirements for being a "small business" agreement and if it adhered to the principles of good faith bargaining.

In reaching its decision, the Commission found that the agreement was a genuine bargain between the parties and contained terms that were in the best interests of the employees. It was determined that the agreement complied with the statutory minimum standards and adequately covered all necessary matters. The Commission also found that the agreement provided for a fair and efficient method of dispute resolution and met the requirements for a "small business" agreement. The Commission concluded that the agreement adhered to the principles of good faith bargaining and could be approved as a certified agreement.

The Commission approved the collective agreement as a certified agreement, effective from the date of the decision. This outcome provided certainty for both the employer and employees, ensuring that the terms and conditions of employment were governed by a legally recognised agreement. The decision also reinforced the importance of good faith bargaining and compliance with statutory requirements in the collective bargaining process.

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