DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3389)

SJ REID ENTERPRISES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2016

Application for approval of the SJ Reid Enterprises 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 SJ Reid Enterprises 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 21 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of a collective agreement. The agreement in question was between the Union and SJ Reid Enterprises Pty Ltd and the CEPU Plumbing Division Mechanical Union. The dispute centred on the terms and conditions outlined in the proposed agreement for the period 2015 to 2019. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for the fair and efficient determination of terms and conditions of employment. The Commission also needed to consider whether the agreement adequately protected the interests of employees and whether it complied with the provisions for good faith bargaining.

The Commission found that the agreement met the criteria for approval. It was comprehensive in addressing various aspects of employment conditions and provided for the fair and efficient determination of terms and conditions. The Commission noted that the agreement included provisions for wage increases, penalty rates, leave entitlements, and other employment benefits, which were consistent with the principles of fairness and good faith bargaining. The Union and the employer had engaged in negotiations that reflected a genuine attempt to reach an agreement that was fair and efficient. The Commission also considered the broader economic context and the need for the agreement to balance the interests of both parties while providing adequate protections for employees. Based on these considerations, the Commission approved the agreement, finding that it complied with the statutory requirements and appropriately addressed the terms and conditions 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