DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3319)

EA MECHANICAL SERVICES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2016

Application for approval of the EA Mechanical Services 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 EA Mechanical Services 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 17 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 for the approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and EA Mechanical Services Pty Ltd (the Respondent). The Applicant sought approval of the EA Mechanical Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019. The primary dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to minimum wage rates and other terms and conditions of employment.

The central legal issues before the Commission were whether the collective agreement met the statutory criteria for approval, including whether it contained minimum terms and conditions of employment that were not less favourable than those set out in the relevant award or safety net award. Additionally, the Commission considered whether the agreement complied with the procedural requirements for making a certified agreement under the Act. The Applicant argued that the agreement was in accordance with the law, while the Respondent contended that certain provisions were not in compliance and procedural errors had been made.

The Fair Work Commission found that the collective agreement was generally compliant with the requirements of the Fair Work Act 2009. The Commission noted that the agreement contained minimum terms and conditions that were not less favourable than those in the relevant award, thus meeting the substantive criteria for approval. The Commission also determined that, while there were minor procedural issues, they did not undermine the overall validity of the agreement. The Commission approved the agreement, subject to certain modifications to address the minor procedural concerns raised by the Respondent.

The Fair Work Commission approved the EA Mechanical Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019, subject to the modifications necessary to rectify the identified procedural issues. The modifications included clarifying certain provisions and ensuring that the agreement fully complied with the procedural requirements under the Fair Work Act 2009. The Respondent was directed to implement the approved agreement, which would now serve as a binding contract for the parties involved.

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