DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3313)

FLUID CONTRACTING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the Fluid Contracting 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 Fluid Contracting 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Fluid Contracting Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The applicant, Fluid Contracting Pty Ltd, sought approval of the agreement under the Fair Work Act 2009, and the respondent, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, did not oppose the application. The nature of the dispute was the procedural fairness of the agreement and its compliance with the relevant statutory provisions.

The legal issues that the Commission was required to decide were whether the agreement was properly formed, and whether it complied with the requirements of the Fair Work Act 2009. The Commission had to consider whether the agreement was negotiated in good faith, whether it contained the necessary minimum terms and conditions, and whether it was approved by the requisite majority of employees. The Commission also had to consider whether the agreement contained any provisions that were contrary to public policy or that would have an adverse effect on the employees' terms and conditions of employment.

The Commission found that the agreement was properly formed and that it complied with the requirements of the Fair Work Act 2009. The Commission noted that the agreement had been negotiated in good faith and that it contained the necessary minimum terms and conditions. The Commission also found that the agreement was approved by the requisite majority of employees and that it did not contain any provisions that were contrary to public policy or that would have an adverse effect on the employees' terms and conditions of employment. Accordingly, the Commission approved the agreement and made an order to that effect.

In summary, the Fair Work Commission approved the Fluid Contracting Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019, finding that it was properly formed, complied with the requirements of the Fair Work Act 2009, and was approved by the requisite majority of employees. The Commission's decision provides guidance for employers and unions on the requirements for negotiating and approving enterprise agreements under the Fair Work Act 2009.

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