DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3324)

QUANTUM AIR (QLD) 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 Quantum Air (QLD) 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 Quantum Air (QLD) 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Quantum Air (QLD) Pty Ltd and the CEPU Plumbing Division Mechanical Union for the period 2015 to 2019. The union sought the approval of the agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval and whether it was in the best interests of the employees covered by the agreement.

The primary legal issue for the Fair Work Commission to decide was whether the collective agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, whether it provided for a fair and efficient system for determining employees' terms and conditions of employment, and whether it contained terms that were fair and reasonable. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees and whether it aligned with broader public policy objectives.

In delivering its decision, the Fair Work Commission examined the terms of the collective agreement and the process through which it was negotiated. The Commission found that the agreement met the statutory requirements for approval as it was made in good faith and contained terms that were fair and reasonable. The agreement provided for a system of determining employees' terms and conditions that was both efficient and equitable. The Commission also noted that the agreement included provisions that aligned with broader public policy objectives, such as those relating to workplace health and safety. Consequently, the Commission approved the collective agreement, recognising its benefits for both the employees and the employer.

The Fair Work Commission's final order was to approve the Quantum Air (QLD) Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The approval signifies that the agreement is compliant with the Fair Work Act 2009 and is in the best interests of the employees it covers. This decision provides certainty for the parties involved and sets a precedent for future negotiations in the industry.

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