DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3391)

AXIS PLUMBING QLD 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 Axis Plumbing Qld 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 Axis Plumbing Qld 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who brought an application for approval of the Axis Plumbing Qld Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019 before the Fair Work Commission. The nature of the dispute was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 for approval and registration as a registered agreement. The legal issues that the court was required to decide included whether the agreement complied with the procedural requirements for registration, whether the agreement met the minimum standards set by the Fair Work Act, and whether the agreement was in the best interests of the employees.

The court found that the application met the procedural requirements for registration and that the agreement complied with the minimum standards set by the Fair Work Act. The court 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, including wages, hours of work, and other employment-related matters. The court further found that the agreement provided for a fair and effective dispute resolution process and that it included provisions for the protection of employees' rights and interests. The court approved the agreement and registered it as a registered agreement under the Fair Work Act.

The final orders of the court included the approval and registration of the Axis Plumbing Qld Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019 as a registered agreement under the Fair Work Act. The court also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties involved. The court further ordered that the agreement be given effect from the date of registration and that it would remain in force until it was terminated or varied in accordance with the provisions of the Fair Work Act.

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