DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3661)

TACOMA TOWNSVILLE PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the Tacoma Townsville 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 Tacoma Townsville 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 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 1 July 2016 and, in accordance with s.54, will operate from 8 July 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval of a collective agreement between the Tacoma Townsville Pty Ltd and the CEPU Plumbing Division for the period 2015-2019. The matter was heard in the Fair Work Commission, where the union applied for the endorsement of the agreement under the Fair Work Act 2009. The application was brought before the Commission to ensure that the terms of the collective agreement met the legal requirements and were in the best interests of the employees involved.

The central legal issue before the Commission was whether the collective agreement contained terms that complied with the provisions of the Fair Work Act and whether it was fair and reasonable in all its aspects. The Commission had to consider various aspects of the agreement, including wages, working conditions, dispute resolution mechanisms, and other employment-related terms. It was also necessary to assess whether the agreement appropriately balanced the interests of the employer and the employees, and whether it promoted productive and harmonious workplace relations.

In delivering its decision, the Commission examined the terms of the collective agreement in detail. The agreement was found to include provisions that were consistent with the Fair Work Act, covering areas such as minimum wages, classification of employees, and procedural fairness in the workplace. The Commission considered the evidence presented by both parties and took into account the broader economic and social context. Ultimately, the Commission determined that the agreement was fair and reasonable and approved it, finding that it met the necessary legal standards and was in the best interests of the employees. The endorsement of the agreement ensures that the terms and conditions of employment are legally compliant and promote fair and productive workplace relations.

The Fair Work Commission approved the collective agreement, confirming its compliance with the Fair Work Act and its fairness and reasonableness in all aspects. This decision ensures that the agreement will govern the employment terms between Tacoma Townsville Pty Ltd and the CEPU Plumbing Division for the specified period.

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