DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3586)

TRIPLE M MECHANICAL SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the Triple M Mechanical Services Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Triple M Mechanical Services Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing 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 23 June 2016 and, in accordance with s.54, will operate from 30 June 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 dispute in this case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the union) and Triple M Mechanical Services Pty Ltd, represented by the CEPU Plumbing Division - NSW Branch (the employer). The union sought approval of an industrial agreement between the employer and the union. The application was heard in the Fair Work Commission.

The legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "registered agreement" as defined in the Act, which requires that the agreement must be in writing, cover a particular workplace, and be fair and reasonable. The union argued that the agreement was fair and reasonable, while the employer raised concerns about certain clauses.

The Commission considered the evidence and arguments presented by both parties. The Commission found that the agreement contained several provisions that were not fair and reasonable, including certain clauses relating to the classification of employees and the process for resolving disputes. However, the Commission also found that the majority of the agreement was fair and reasonable, and that the benefits to employees outweighed any potential detriments. As a result, the Commission approved the agreement with some modifications to address the concerns raised by the employer. The union and employer were directed to implement the modified agreement within a specified timeframe.

The Fair Work Commission approved the Triple M Mechanical Services Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Agreement 2015-2019 with certain modifications. The union and employer were directed to implement the modified agreement within a specified timeframe.

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