DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3372)

HOLLYWOOD PLUMBING PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2016

Application for approval of the Hollywood Plumbing Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hollywood Plumbing Pty Ltd and CEPU Plumbing Division Plumbing 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 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 23 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

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Hollywood Plumbing Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019. The application was made under section 234 of the Fair Work Act 2009, which allows for the approval of agreements by the Fair Work Commission. The dispute centred on the terms and conditions outlined in the proposed agreement, specifically whether these terms were consistent with the requirements of the Act and whether the agreement would have a beneficial effect on the parties involved.

The legal issues that the court was required to address included whether the agreement was made in good faith and whether it was in the best interests of the employees. Additionally, the court had to consider whether the agreement contained all the terms required by the Act, whether the agreement was procedurally fair, and whether the agreement would have a beneficial effect on the employees. The court also needed to determine whether the agreement met the criteria for approval as set out in the Act, including whether it provided for fair and reasonable terms and conditions.

The court examined the evidence and submissions provided by both parties, including the terms of the proposed agreement and the submissions made by the union and the employer. The court found that the agreement was made in good faith and was in the best interests of the employees. The court was satisfied that the agreement contained all the terms required by the Act and that the agreement was procedurally fair. The court also concluded that the agreement would have a beneficial effect on the employees, as it provided for fair and reasonable terms and conditions that were consistent with the requirements of the Act. The court approved the agreement under section 234 of the Fair Work Act 2009.

The court ordered that the Hollywood Plumbing Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019 be approved and registered with the Fair Work Commission. The agreement was to be in effect from 1 July 2015 to 30 June 2019, subject to any modifications that may be made by the Fair Work Commission. The court also ordered that the agreement be published in the Commonwealth Gazette and that copies of the agreement be provided to the parties and the Fair Work 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