DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3326)

AIRMOYES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2016

Application for approval of the Airmoyes 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 Airmoyes 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Airmoyes Pty Ltd. The matter was brought before the Fair Work Commission (FWC) to seek approval for the Airmoyes Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The agreement was submitted for consideration under section 234 of the Fair Work Act 2009, which allows for the approval of agreements that meet specific criteria.

The legal issues before the Commission centred on whether the agreement complied with the requirements set out in the Fair Work Act, particularly sections 228 and 234. The FWC had to determine if the agreement was a "better off overall test" agreement, which means it provided employees with a net benefit compared to the applicable award or safety net. Additionally, the FWC assessed whether the agreement appropriately dealt with the matters specified in section 228 and if it contained any prohibited content as outlined in section 235 of the Act.

In examining the agreement, the FWC noted that the agreement had been negotiated in good faith and provided for a fair and efficient workplace. The Commission considered the evidence provided by both parties, including the terms of the agreement and the submissions made regarding its content and implications. The FWC found that the agreement met the requirements of the Act, including the better off overall test, and did not contain any prohibited content. The Commission concluded that the agreement provided employees with a net benefit and was therefore eligible for approval.

As a result, the FWC approved the Airmoyes Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The approval ensures that the agreement will be applicable for the duration of the agreement and will provide a framework for the employment conditions of the employees covered by 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