DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3387)

SHORE (QLD) PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the Shore (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 Shore (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 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 matter involved an application for approval of a collective agreement between Shore (QLD) Pty Ltd and the CEPU Plumbing Division. The application was brought before the Fair Work Commission, the designated tribunal under the Fair Work Act 2009, responsible for approving and registering such agreements. The union sought approval for the collective agreement, which was to govern the employment conditions of workers within the specified period.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for approval, including its alignment with the provisions of the Fair Work Act, its compliance with the good faith bargaining requirement, and whether it contained any terms that could be considered unfair. The Commission had to ensure that the agreement did not include provisions that would be detrimental to the workers or contravene any fundamental principles of the Act.

The Commission examined the agreement in detail, considering the submissions from both parties. It assessed the terms of the agreement against the statutory criteria, ensuring that the agreement was not only within the scope of good faith bargaining but also did not contain any unfair terms. The Commission found that the agreement met all the necessary requirements and was in line with the provisions of the Fair Work Act. Consequently, the Commission approved the collective agreement, recognising it as a valid and binding document under the Act.

The final orders of the Commission were to approve and register the CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019, thereby ensuring its enforceability and compliance with the statutory framework governing industrial relations in Australia.

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