DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3266)

QUICK PLUMBING GROUP 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 Quick Plumbing Group 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 Quick Plumbing Group 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Quick Plumbing Group Pty Ltd, along with the CEPU Plumbing Division - NSW Branch. The dispute was about the approval of the Quick Plumbing Group Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The Fair Work Commission heard the matter, tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement complied with the statutory requirements for enterprise agreements, including provisions on minimum entitlements, procedural fairness, and good faith bargaining. Key points of contention included the definition of "relevant employees" and the union's representation of the workforce, as well as the terms and conditions outlined in the agreement.

The Commission examined the evidence and submissions from both parties, considering the specific provisions of the agreement and the broader legal framework. It found that the agreement met the necessary standards for approval. The Commission concluded that the union had represented the employees appropriately and that the agreement provided for fair and reasonable terms and conditions. The Commission highlighted the importance of ensuring that all employees' minimum entitlements were protected and that the agreement reflected genuine bargaining between the parties.

The Commission approved the Quick Plumbing Group Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019, effective from the date of the decision. The approval confirmed that the agreement complied with the statutory requirements and was in the best interests of the employees.

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