DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3376)

OBSIDIAN PLUMBING 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 Obsidian Plumbing 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 Obsidian Plumbing 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 2019. 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 before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Obsidian Plumbing Pty Ltd (the Employer). The Union sought approval of the 2015-2019 Plumbing Union Collective Agreement, which was intended to govern the terms and conditions of employment for employees in the plumbing division of the Employer. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the provisions of section 228 of the Act, which sets out the criteria for an agreement to be deemed "appropriately registered". Specifically, the Commission needed to determine if the agreement contained all the prescribed terms, was free from prohibited content, and was appropriately registered. The Union argued that the agreement satisfied all necessary criteria, while the Employer contested certain provisions, claiming they were either not prescribed or were overly restrictive.

The Commission examined the agreement clause by clause, confirming that it contained all the prescribed terms and did not include any prohibited content. The Union successfully demonstrated that the agreement was comprehensive and compliant with the Act. The Employer's objections to certain provisions were found to be without merit, as the contested clauses were either standard industry practices or directly related to the prescribed terms. The Commission concluded that the agreement met all statutory requirements and approved it for registration.

The Fair Work Commission approved the 2015-2019 Plumbing Union Collective Agreement, finding it to be appropriately registered under the Fair Work Act. The agreement was deemed to comply with all statutory requirements, and no provisions were found to be in breach of the Act. The Union's application was therefore successful.

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