DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3394)

TACOMA PLUMBING & DRAINAGE 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 Tacoma Plumbing & Drainage 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 Tacoma Plumbing & Drainage 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 case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who applied to the Fair Work Commission for approval of a collective agreement with Tacoma Plumbing & Drainage Pty Ltd. The nature of the dispute was the union's application to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, which has jurisdiction to hear and determine applications for the registration of enterprise agreements under the Fair Work Act.

The legal issues the court had to decide included whether the agreement was a genuine enterprise agreement, whether the agreement met the requirements of section 230 of the Fair Work Act, and whether the agreement was in the best interests of the employees. The union argued that the agreement was genuine and met all the necessary criteria, while Tacoma Plumbing & Drainage Pty Ltd opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and that it met all the necessary criteria. The commission found that the agreement contained all the required provisions, including minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. The commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. As a result, the commission approved the agreement and registered it as a registered agreement under the Fair Work Act.

The final orders of the court were that the Tacoma Plumbing & Drainage Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019 be approved and registered as a registered agreement under the Fair Work Act. The agreement was to take effect from the date of the commission's decision and was to remain in force until the end of the agreement period. The commission also ordered that the agreement be published on the Fair Work Commission's website and that a copy of the agreement be provided to both parties.

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