DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3382)

COOLMASTER (QLD) PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2016

Application for approval of the Coolmaster (QLD) Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Coolmaster (QLD) Pty Ltd and CEPU Plumbing Division Mechanical 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Coolmaster (QLD) Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, which the union argued should be approved and applied as a safety net award to cover employees not explicitly covered by other existing awards.

The primary legal issue before the commission was whether the provisions of the collective agreement were consistent with the safety net provisions of the Fair Work Act 2009. This involved assessing the fairness and reasonableness of the terms and conditions stipulated in the agreement, particularly in relation to remuneration, classification, and other employment-related matters. The commission had to determine if the agreement met the legislative criteria for approval, ensuring it did not undervalue or unjustifiably alter the terms of employment beyond what is permissible under the safety net provisions.

The commission found that the collective agreement was largely consistent with the safety net provisions and did not contain any unreasonable or unfair terms. The agreement provided for fair remuneration and conditions that aligned with industry standards and the principles of the safety net. The commission approved the application for the agreement to be registered, thereby establishing it as a safety net award effective from the specified period. This decision ensures that employees not covered by other awards will benefit from the terms and conditions set out in the agreement, providing them with a fair and reasonable standard of employment.

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