DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3263)

PLANET PLUMBING NSW PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 27 MAY 2016

Application for approval of the Planet Plumbing NSW Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Planet Plumbing NSW Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of the 2015-2019 Plumbing Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU Plumbing Division - NSW Branch, covering Planet Plumbing NSW Pty Ltd. The application was heard by the Fair Work Commission. The central dispute was whether the agreement met the necessary requirements under the Fair Work Act 2009, including whether it was properly certified and whether it complied with the Fair Work (Registered Organisations) Act 2009.

The key legal issues the Commission needed to resolve were whether the agreement was a genuine enterprise agreement, whether it had been properly certified, and whether it complied with the requirements for fair and independent bargaining. The Commission also needed to determine if the agreement met the requirements for good faith bargaining and whether it contained the necessary minimum terms and conditions. The Commission examined the process of certification, the involvement of the union and employer, and the contents of the agreement to assess its compliance with the statutory framework.

In its decision, the Commission found that the agreement was a genuine enterprise agreement, properly certified, and compliant with the statutory requirements. The Commission concluded that the union had acted in good faith and that the employer had engaged in fair and independent bargaining. The agreement was found to include the necessary minimum terms and conditions, and the Commission approved the agreement as meeting all the necessary legal criteria.

The Commission approved the 2015-2019 Plumbing Enterprise Agreement, confirming its validity and compliance with the Fair Work Act 2009. The agreement was deemed to be a genuine enterprise agreement that had been certified properly and included the necessary minimum terms and conditions. The Commission's approval was based on the findings that both parties had engaged in good faith bargaining and that the agreement met all statutory requirements.

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