DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1195)

ANIKHA PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 25 MAY 2016

Application for approval of the Anikha Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Anikha Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging 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] 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 1 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 matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Anikha Pty Ltd, the Fair Work Commission was asked to consider an application for the approval of an enterprise agreement. The agreement in question was between the union and the plumbing division of Anikha Pty Ltd, seeking to cover the period from 2015 to 2019. The union argued that the agreement met the requirements of the Fair Work Act and should be approved. Conversely, Anikha Pty Ltd contested the application, contending that the agreement contained provisions that were not in compliance with the Act.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it adhered to the processes outlined in the Act. Specifically, the Commission needed to examine the procedural fairness of the agreement's negotiation and whether the agreement contained provisions that were contrary to public policy or were otherwise unenforceable.

In delivering its decision, the Commission emphasised the importance of procedural fairness in the negotiation and drafting of the agreement. The Commission noted that while the union had provided evidence of a genuine attempt to negotiate in good faith, there were concerns regarding the participation of certain employees in the process. Despite these concerns, the Commission found that the overall process was fair and that the agreement reflected the outcomes of genuine negotiations. The Commission also examined the specific provisions of the agreement and determined that, while some provisions were outside the scope of permissible terms, the agreement as a whole did not contain any terms that were contrary to public policy or unenforceable. Accordingly, the Commission approved the agreement subject to certain conditions aimed at ensuring compliance with the Act.

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