DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3870)

SWIFT PLUMBING PTY LTD & CEPU PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 2 AUGUST 2016

Application for approval of the Swift Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Swift Plumbing Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise 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 the 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 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Swift Plumbing Pty Ltd, with the NSW Branch of CEPU. The dispute pertained to the approval of the Swift Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The matter was heard in the Fair Work Commission, an Australian federal statutory body responsible for overseeing workplace relations matters.

The primary legal issues before the court were whether the Enterprise Agreement complied with the Fair Work Act 2009 and whether the agreement was fairly negotiated and included necessary provisions for employee protections. The court needed to determine if the agreement adhered to the statutory requirements for approval, including ensuring that it did not unfairly disadvantage employees and that it contained minimum entitlements as stipulated by the Fair Work Act.

The court reviewed the contents of the Enterprise Agreement and assessed its compliance with the statutory obligations. It examined if the agreement provided for minimum terms and conditions, including wages, leave entitlements, and other benefits, in line with the provisions of the Fair Work Act. The court also evaluated the negotiation process to ensure it was conducted in good faith and that the agreement fairly reflected the interests of both parties. Upon finding that the agreement met the necessary statutory criteria and was fairly negotiated, the court approved the Enterprise Agreement.

In conclusion, the Fair Work Commission approved the Swift Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019, determining that it complied with the Fair Work Act and was negotiated in good faith. The court's decision provided clarity on the terms and conditions of employment under the agreement, ensuring that both the employer and employees were aware of their rights and obligations as stipulated in the approved agreement.

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