DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3379)

CC P & D 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 CC P & D 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 CC P & D 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for approval of the CCP & D Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019. The application arose from negotiations between the applicant union and CCP & D Pty Ltd, seeking to formalise the terms and conditions of employment for the employees of CCP & D Pty Ltd who are members of the union. The primary dispute centred on the union's assertion that the proposed agreement adequately reflected the terms and conditions of employment for the relevant employees and complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement contained all the required terms and conditions, and whether it complied with the mandatory provisions of the Fair Work Act 2009, particularly in relation to minimum wage rates, penalty rates, leave entitlements, and other conditions of employment. The Commission had to ensure that the agreement was made in good faith, that it did not undermine the protection of workers' rights, and that it was consistent with the broader objectives of the Act, including facilitating a productive and harmonious workplace.

The Commission found that the proposed agreement did indeed contain all the required terms and conditions and was in compliance with the Fair Work Act 2009. It noted that the agreement provided for minimum wage rates that met or exceeded the applicable awards, included appropriate penalty rates for various working conditions, and specified leave entitlements that were consistent with the Act. The Commission was satisfied that the agreement had been made in good faith and that it did not undermine the protection of workers' rights. Furthermore, the Commission determined that the agreement was conducive to facilitating a productive and harmonious workplace.

Consequently, the Fair Work Commission approved the CCP & D Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019, deeming it to be a lawful and appropriate agreement under the Fair Work Act 2009. The approval ensures that the terms and conditions of employment for the relevant employees are clearly defined and that their rights are protected in accordance with the Act.

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