DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3350)

ANDERSON PLUMBING SERVICES AUSTRALIA PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 -2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 2 JUNE 2016

Application for approval of the Anderson Plumbing Services Australia 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 Anderson Plumbing Services Australia 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 9 June 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between Anderson Plumbing Services Australia Pty Ltd and the CEPU Plumbing Division Mechanical Union. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009. The union sought the approval of the agreement, which was to govern the employment conditions of workers within the company's mechanical plumbing division. The dispute arose as the company contested certain provisions within the agreement, questioning their alignment with the Act's objectives.

The primary legal issues for the FWC to determine were whether the provisions of the collective agreement were consistent with the Fair Work Act's objectives and if they met the criteria for "modern awards." The FWC needed to assess whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, hours of work, leave entitlements, and other conditions of employment. Furthermore, the FWC had to consider whether the agreement contained any provisions that were inconsistent with the Act, such as those that may undermine the enforcement of minimum standards or facilitate exploitative practices.

In its decision, the FWC acknowledged the union's argument that the agreement represented a fair and reasonable outcome for the employees, considering the company's profitability and the industry standards. The FWC found that the agreement's terms and conditions were not only consistent with the objectives of the Fair Work Act but also reflected the broader principles of fairness and reasonableness. The FWC highlighted that the agreement provided for a comprehensive set of employment conditions, including minimum wages, leave entitlements, and dispute resolution mechanisms, which were aligned with modern awards. The FWC determined that the agreement did not contain any provisions that were inconsistent with the Act or that would undermine the enforcement of minimum standards.

The FWC approved the Anderson Plumbing Services Australia Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019, subject to the terms and conditions set out in the agreement. The approval ensures that the agreement will serve as a legally binding contract between the employer and the employees, governing their employment conditions for the specified period.

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