DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3260)

PARAGON PLUMBING (QLD) PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 26 MAY 2016

Application for approval of the Paragon Plumbing (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 Paragon Plumbing (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 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for approval of a collective agreement between Paragon Plumbing (Qld) Pty Ltd and the CEPU Plumbing Division Mechanical Union for the period 2015-2019. The union argued that the agreement contained provisions that were consistent with the objectives of the Fair Work Act 2009 and that it had been negotiated in good faith. Paragon Plumbing opposed the application, asserting that the agreement contained provisions that were unfair and that it had not been negotiated in good faith.

The Commission was required to determine whether the agreement was consistent with the objectives of the Fair Work Act, whether it had been negotiated in good faith, and whether it contained any unfair provisions. The Commission considered the evidence and submissions from both parties and found that the agreement was consistent with the objectives of the Act and had been negotiated in good faith. However, the Commission also found that certain provisions of the agreement were unfair and contrary to the objectives of the Act.

The Commission ultimately approved the agreement with modifications to the unfair provisions. The union was required to renegotiate those provisions with Paragon Plumbing within a specified timeframe. The Commission's decision was based on its consideration of the evidence and submissions from both parties, as well as its interpretation of the relevant provisions of the Fair Work Act. The decision provides guidance for unions and employers in the negotiation and approval of collective agreements.

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