DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3322)

COOKE & DOWSETT PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2016

Application for approval of the Cooke & Dowsett 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 Cooke & Dowsett 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the approval of a collective agreement between Cooke & Dowsett Pty Ltd and the CEPU Plumbing Division for the period 2015-2019. The Fair Work Commission was the forum for this application. The primary dispute centred around the terms and conditions of employment specified in the agreement, with the union arguing that the terms were fair and reasonable, while the employer contested certain provisions.

The legal issues that the Fair Work Commission had to decide included whether the agreement met the criteria for being deemed as a protected action under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was consistent with the national employment standards and if it complied with the procedural fairness requirements. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees and if it was consistent with the principles of good faith bargaining.

The Fair Work Commission found that the agreement contained terms that did not meet the statutory requirements and procedural fairness. It ruled that certain provisions were inconsistent with the national employment standards and did not provide adequate protections for employees. The Commission also determined that the process of reaching the agreement did not meet the standards of good faith bargaining. Consequently, the Commission did not approve the agreement.

The Fair Work Commission ordered that the collective agreement between Cooke & Dowsett Pty Ltd and the CEPU Plumbing Division for the period 2015-2019 was not approved. The Commission further directed that the parties must recommence negotiations to ensure that any future agreement would meet the statutory requirements and adhere to the principles of good faith bargaining.

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