DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3261)

BTP INDUSTRIES PTY LTD T/A JANSEN INDUSTRIES AUSTRALIA AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 26 MAY 2016

Application for approval of the BTP Industries Pty Ltd t/a Jansen Industries Australia 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 BTP Industries Pty Ltd t/a Jansen Industries Australia 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 2 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members, and BTP Industries Pty Ltd t/a Jansen Industries Australia and CEPU Plumbing Division Mechanical Union. The dispute centred on the approval of the parties' collective agreement for the period 2015 to 2019. The application for approval was brought before the Fair Work Commission, which exercised its jurisdiction under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed collective agreement met the statutory requirements for approval. This involved an examination of whether the agreement complied with the relevant provisions of the Fair Work Act and associated regulations. Specifically, the Commission considered if the agreement appropriately balanced the rights and interests of the employer and employees, provided for appropriate dispute resolution mechanisms, and adhered to any relevant industry standards.

In reaching its decision, the Commission assessed the evidence and submissions presented by both parties. It found that the agreement contained provisions that were consistent with the objectives of the Act and did not unfairly disadvantage either party. The Commission highlighted that the agreement included provisions for fair and equitable treatment of employees, appropriate mechanisms for resolving disputes, and provisions that aligned with industry standards. Based on this analysis, the Commission determined that the agreement was fit for approval as it met the necessary statutory requirements.

The Fair Work Commission approved the BTP Industries Pty Ltd t/a Jansen Industries Australia and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019, finding it to be compliant with the Fair Work Act and relevant regulations.

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