DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3262)

MCPHERSON PLUMBING (NSW) PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the McPherson Plumbing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the McPherson Plumbing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, to the Fair Work Commission (FWC) for the approval of the McPherson Plumbing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The dispute revolves around whether the terms of the enterprise agreement meet the legal requirements under the Fair Work Act 2009, particularly focusing on provisions related to employee entitlements, working conditions, and procedural fairness.

The central legal issues addressed by the FWC included whether the enterprise agreement adequately provided for employee protections, whether the agreement was made in good faith and without coercion, and if the agreement's terms were fair and reasonable in the context of the industry. The FWC also examined whether the agreement complied with the statutory minimum standards set out in the National Employment Standards and other relevant awards.

The FWC evaluated the enterprise agreement based on the principles of procedural fairness and good faith bargaining. The Commission found that the agreement met the necessary legal criteria, as it included provisions for fair treatment of employees, adequate protections for working conditions, and mechanisms for resolving disputes. The FWC approved the enterprise agreement, highlighting the importance of the collective bargaining process and the role of enterprise agreements in setting industry standards. The decision underscored the need for agreements to be balanced, fair, and reflective of the needs of both employers and employees.

The FWC's final orders included the approval of the McPherson Plumbing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019, effective from the date of the decision. The approval is subject to the agreement's compliance with the Fair Work Act and any other relevant industrial relations legislation. The decision reinforces the FWC's commitment to ensuring that enterprise agreements are fair, reasonable, and made in good faith.

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