DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3238)

VALUE ADDED LABOUR SERVICES PTY LTD AND CEPU PLUMBING DIVISION NORTH QUEENSLAND COMMERCIAL PLUMBING AND MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

Application for approval of the Value Added Labour Services Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Value Added Labour Services Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and 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 15 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 applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEIPEPU), sought approval of the Value Added Labour Services Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2015-2019. The applicant union sought the approval of the Fair Work Commission (FWC). The employer, Value Added Labour Services Pty Ltd, opposed the application, arguing that the agreement contained provisions that were contrary to the Fair Work Act 2009 (Cth) and that the agreement was not fairly and genuinely negotiated.

The FWC was required to determine whether the provisions of the agreement were consistent with the Fair Work Act and whether the agreement was fairly and genuinely negotiated. The FWC found that the provisions of the agreement were consistent with the Fair Work Act and that the agreement was fairly and genuinely negotiated. The FWC noted that the provisions of the agreement were consistent with the Fair Work Act and that there was no evidence of any undue influence or coercion in the negotiation of the agreement. The FWC also found that the agreement contained provisions that were necessary to protect the interests of the employees and that the agreement was in the best interests of the employees.

Accordingly, the FWC approved the Value Added Labour Services Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2015-2019. The employer was ordered to give effect to the approved agreement and to comply with its terms. The union was ordered to provide a copy of the approved agreement to the employer and to take all necessary steps to ensure that the employer complied with the terms of the agreement.

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