DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3439)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 17 JUNE 2016

Application for approval of the Ultrafow Siphonics 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 Ultrafow Siphonics 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] 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 17 June 2016 and, in accordance with s.54, will operate from 24 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 Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Ultrafow Siphonics Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The application was made under section 230 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment contained in the proposed agreement, and whether it met the criteria for approval under the Act.

The key legal issues for the court to decide were whether the agreement provided for the proper protection of employees' interests and whether it complied with the good faith bargaining provisions of the Act. The court needed to consider whether the agreement contained provisions that were contrary to public policy or which failed to meet the requirements of the Fair Work Act. Additionally, the court had to determine if the agreement was the product of genuine bargaining between the parties and if it provided for a fair and reasonable outcome for the employees.

In its decision, the Fair Work Commission examined the provisions of the agreement in detail, assessing them against the legislative criteria. The court found that the agreement met the necessary standards for approval, as it provided for appropriate terms and conditions of employment, and was the product of genuine bargaining. The court was satisfied that the agreement did not contain any provisions that were contrary to public policy and complied with the requirements of the Act. The court approved the agreement, noting that it provided a fair and reasonable outcome for the employees covered by the agreement.

The final orders of the court were that the Ultrafow Siphonics Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019 be approved under section 230 of the Fair Work Act 2009, effective from the date of the decision. The agreement was to apply to the employees covered by it for the period specified, and the court's approval was to be noted on the copy of the agreement lodged with the Commission.

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