DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3267)

TRIPLE ‘M’ MECHANICAL SERVICES (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 Triple ‘M’ Mechanical Services (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 Triple ‘M’ Mechanical Services (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 (the "Applicant") sought approval of a collective agreement between the Applicant and Triple ‘M’ Mechanical Services (QLD) Pty Ltd and the CEPU Plumbing Division Mechanical Union (the "Employers"). The Applicant argued that the proposed agreement provided for appropriate terms and conditions for its members, while the Employers contended that the agreement would result in an unacceptable increase in labour costs. The Fair Work Commission was required to determine whether the agreement provided for appropriate terms and conditions of employment, and whether the agreement was in the interests of the employers and their employees.

The Fair Work Commission found that the proposed agreement provided for appropriate terms and conditions of employment for the Applicant's members. The Commission noted that the agreement provided for a reasonable increase in wages and conditions over the term of the agreement, and that the Applicant had demonstrated that the agreement was in the interests of its members. The Commission also found that the agreement was in the interests of the Employers, as it provided for a reasonable increase in labour costs over the term of the agreement, and that the Employers would be able to manage these costs effectively. The Fair Work Commission approved the proposed agreement, subject to certain modifications to address the Employers' concerns about the impact of the agreement on their business.

The Fair Work Commission's decision provides guidance to unions and employers on the appropriate terms and conditions that should be included in a collective agreement. The Commission's approval of the proposed agreement demonstrates its willingness to support agreements that provide for appropriate terms and conditions of employment, while also taking into account the interests of employers. The decision also highlights the importance of effective negotiation and communication between unions and employers in reaching an agreement that is in the interests of all parties.

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