DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3386)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the Rising 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 Rising 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 16 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 union and the employer applied to the Fair Work Commission for the approval of a new collective agreement. The union is the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the employer is Rising Pty Ltd. The agreement in question is the CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The Fair Work Commission was tasked with deciding whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the interests of the employees.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act and whether it contained any terms that were contrary to the public interest or that did not meet the Commission's 'better off overall test'. The Commission had to consider the provisions of the agreement and whether they were fair and reasonable, provided proper protections for employees, and did not contain any terms that would undermine the rights of employees or the public interest.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act and did not contain any terms that were contrary to the public interest. The Commission determined that the agreement was in the best interests of the employees and provided proper protections for them. The Commission was satisfied that the agreement met the 'better off overall test' and approved the agreement. The union and the employer were therefore able to proceed with the implementation of the new collective agreement.

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