DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3384)

HVAC QUEENSLAND 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 HVAC Queensland 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 HVAC Queensland 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 case involves 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 HVAC Queensland Pty Ltd. The application was heard by the Fair Work Commission. The nature of the dispute revolves around the terms and conditions of employment, particularly those concerning the mechanical union division, and whether the proposed agreement complies with the requirements of the Fair Work Act 2009.

The court was required to determine several key legal issues. These included whether the proposed agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for fair and reasonable terms and conditions of employment, and if it ensured that the parties had genuinely negotiated the agreement. Additionally, the court had to consider whether the agreement adhered to the procedural requirements set out in the Act.

In delivering its decision, the court closely examined the proposed agreement and the negotiation process. It found that the agreement contained provisions that were fair and reasonable, taking into account the economic context and the bargaining power of the parties. The court also determined that the procedural requirements for negotiation and agreement had been met, as evidenced by the documentation and testimony provided. Consequently, the court approved the agreement, affirming that it complied with all necessary legal standards.

The final orders of the court included the approval of the HVAC Queensland Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to abide by its terms.

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