DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3466)

ELLIS AIR CONDITIONING (QLD) PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Ellis Air Conditioning (QLD) Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Ellis Air Conditioning (QLD) Pty Ltd and CEPU Plumbing Division Mechanical 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] The Employer 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] 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.

[5] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application seeking approval of the Ellis Air Conditioning (QLD) Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The respondent, Ellis Air Conditioning (QLD) Pty Ltd, opposed the application on the grounds that the agreement contained provisions that were not consistent with the requirements of the Fair Work Act 2009. The primary dispute centred on whether certain clauses within the agreement complied with the statutory minimum entitlements and whether they were consistent with the overarching principles of the Fair Work Act.

The Commission needed to determine if the provisions within the collective agreement were consistent with the minimum standards set out in the Fair Work Act and whether they were procedurally fair. Key issues included the compatibility of wage rates, conditions of employment, and the processes for resolving disputes as per the legislative framework. Additionally, the Commission examined whether the agreement adhered to the fundamental principles of good faith bargaining and whether the provisions were reasonably necessary for the operations of the business.

Upon reviewing the collective agreement, the Commission found that while most of the clauses were consistent with the statutory requirements, certain provisions regarding the classification of employees and the rates of pay did not align with the minimum entitlements set out in the relevant awards. The Commission also determined that the dispute resolution processes outlined in the agreement were fair and effective. Consequently, the Commission approved the agreement with amendments to ensure compliance with the Fair Work Act. The final orders mandated that the amended agreement be implemented, with specific changes to the classification and pay rates of employees to reflect the minimum entitlements required by law.

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