DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3428)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 16 JUNE 2016

Application for approval of the Syfon Systems 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 Syfon Systems 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 16 June 2016 and, in in accordance with s.54, will operate from 23 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Syfon Systems Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The dispute was heard in the Fair Work Commission, where the Union argued that the agreement was appropriate and should be approved under the Fair Work Act 2009. The application for approval was opposed by the Australian Building and Construction Commission, which raised concerns about the fairness and appropriateness of the agreement, particularly regarding the classification of employees and the associated wage rates.

The key legal issues before the Commission were whether the agreement was appropriate and whether it met the requirements for approval under section 235 of the Fair Work Act 2009. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The Union argued that the agreement was appropriate and met the necessary criteria, while the Australian Building and Construction Commission contended that it was not appropriate due to certain terms and conditions.

The Commission found that the agreement was appropriate and met the necessary criteria for approval. It held that the agreement provided for fair and reasonable terms and conditions, and that it was made in good faith. The Commission noted that the agreement contained provisions for the classification of employees and the associated wage rates, which were consistent with industry standards. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and that it was not contrary to public policy. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Syfon Systems Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The Commission held that the agreement was appropriate and met the necessary criteria for approval under the Fair Work Act 2009. The Union's application for approval was successful, and the agreement was approved for operation.

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