DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3392)

CITIWIDE INSTALLATIONS 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 Citiwide Installations 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 Citiwide Installations 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

The applicant union sought approval of a collective agreement between the union and Citiwide Installations QLD Pty Ltd, which was to cover employees of the respondent company from 2015 to 2019. The union sought approval of the agreement under the Fair Work Act 2009 (Cth), and the application was heard by the Fair Work Commission. The respondent company opposed the application, arguing that the agreement was not in the best interests of the employees and did not comply with certain provisions of the Act.

The primary issue before the Commission was whether the agreement met the requirements of section 234 of the Fair Work Act. This section provides that an enterprise agreement must be approved if it is satisfied that the agreement is in the best interests of the employees it covers and complies with certain procedural requirements. The Commission considered whether the agreement met these criteria, including whether it provided for fair and reasonable terms and conditions for the employees, and whether it complied with the procedural requirements of the Act.

In reaching its decision, the Commission considered the evidence and submissions of both parties. It found that the agreement was in the best interests of the employees and complied with the relevant provisions of the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, and that it had been negotiated in good faith by both parties. The Commission also found that the agreement complied with the procedural requirements of the Act, including the requirement that it be in writing and that a copy be provided to the Fair Work Commission.

The Fair Work Commission approved the agreement, finding that it met the requirements of section 234 of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, and that it had been negotiated in good faith by both parties. The Commission also found that the agreement complied with the procedural requirements of the Act. The respondent company's objections to the agreement were therefore dismissed.

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