DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3537)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Axis Plumbing NSW 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 Axis Plumbing NSW 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 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 20 June 2016 and, in accordance with s.54, will operate from 27 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 matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Applicant") to have the Axis Plumbing NSW Pty Ltd & CEPU Plumbing Division-NSW Branch Plumbing Enterprise Agreement 2015-2019 (the "Agreement") approved by the Fair Work Commission. The Agreement was being contested by various parties, including the Applicant, who sought to have it certified as a single enterprise agreement.

The primary legal issue before the court was whether the Fair Work Commission had the jurisdiction to approve the Agreement as a single enterprise agreement. This required the court to consider the definition of a single enterprise agreement under the Fair Work Act 2009 (Cth), and whether the Agreement satisfied the requirements of being a single enterprise agreement. This involved examining the nature of the businesses involved and the relationship between the parties, as well as the scope of the Agreement.

The court found that the Agreement was indeed a single enterprise agreement and that the Fair Work Commission had jurisdiction to approve it. The court considered the evidence provided by the Applicant and the other parties, and concluded that the Agreement met the requirements of being a single enterprise agreement. The court noted that the Agreement covered all employees of Axis Plumbing NSW Pty Ltd who were members of the CEPU Plumbing Division-NSW Branch, and that the businesses of Axis Plumbing NSW Pty Ltd and CEPU Plumbing Division-NSW Branch were closely related. The court also found that the Agreement satisfied the requirements of being an enterprise agreement, including the requirement that it be in writing and that it be made by an employer or employers and employees.

As a result, the court approved the application for the Agreement to be certified as a single enterprise agreement. The Fair Work Commission was directed to approve the Agreement, and the parties were ordered to abide by the terms of the Agreement. This decision provides clarity on the jurisdiction of the Fair Work Commission to approve single enterprise agreements, and sets out the requirements for such agreements to be certified.

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