DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3383)

MCGAHON BUILDING SERVICES PTY LTD T/A DEWPOINT AIR AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2016

Application for approval of the McGahon Building Services Pty Ltd t/a Dewpoint Air 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 McGahon Building Services Pty Ltd t/a Dewpoint Air 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 case 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 and McGahon Building Services Pty Ltd trading as Dewpoint Air and the CEPU Plumbing Division Mechanical Union. The dispute centred around the terms and conditions of employment stipulated in the proposed agreement, particularly focusing on the classification of employees and the associated pay rates.

The primary legal issue the commission had to resolve was whether the collective agreement was consistent with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the commission needed to determine if the agreement's terms and conditions were fair and reasonable, and if they complied with the minimum standards set out in the relevant awards and the general protections provisions of the Act. The commission also had to assess if the agreement's provisions were consistent with the principle of enterprise flexibility.

In reaching its decision, the commission considered the submissions made by both parties, the content of the proposed agreement, and the relevant industrial instruments. The commission noted that the agreement provided for a range of employment terms and conditions that were generally consistent with the applicable awards and the general protections provisions of the Act. The commission found that the agreement's provisions were fair and reasonable, and that they promoted enterprise flexibility by allowing for variations in working arrangements and employee classifications. The commission also found that the agreement's provisions were consistent with the principle of good faith bargaining and were not likely to undermine the operation of the safety net provided by the awards.

As a result of its findings, the commission approved the proposed agreement, subject to certain minor amendments to ensure compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. The final orders of the commission included the approval of the agreement, with the specified amendments, and the direction that the agreement be registered with the Fair Work Commission.

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