DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3663)

GNM PROJECTS (QLD.) 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 GNM Projects (QLD.) 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 GNM Projects (QLD.) 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between GNM Projects (QLD.) Pty Ltd and the CEPU Plumbing Division. The agreement was subject to scrutiny under the Fair Work Act 2009, specifically concerning whether it met the necessary standards for fair and equitable terms and conditions of employment. The Commission was tasked with ensuring that the agreement was not contrary to public interest and complied with the requirements of the Act.

The primary legal issue before the Commission was whether the terms of the agreement were consistent with the provisions of the Fair Work Act, including whether they provided for fair and equitable terms and conditions of employment. This involved examining the content of the agreement to determine if it met the necessary standards, including provisions for minimum wages, working hours, and other employment conditions. Additionally, the Commission had to assess whether the agreement adequately represented the interests of the employees and complied with the statutory requirements for approval.

In making its decision, the Commission considered the content of the agreement and the submissions made by both parties. The Commission noted that the agreement contained terms that provided for minimum wages and conditions that were generally consistent with the provisions of the Fair Work Act. The Commission found that the agreement did not contain any terms that were contrary to the public interest or that failed to meet the necessary standards for fair and equitable terms and conditions of employment. The Commission was satisfied that the agreement provided for reasonable terms and conditions of employment and that it was in the best interests of the employees.

As a result of its findings, the Commission approved the collective agreement between GNM Projects (QLD.) Pty Ltd and the CEPU Plumbing Division. The Commission's decision confirmed that the agreement met the necessary standards for approval under the Fair Work Act and that it provided for fair and equitable terms and conditions of employment. The approval of the agreement ensures that the employees covered by the agreement will receive the benefits and protections provided for in the agreement, and that their employment conditions are consistent with the requirements of the Act.

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