DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1168)

SJS MECHANICAL SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2016

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 25 MAY 2016

Application for approval of the SJS Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the SJS Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2016 (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 this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the CEPU - Plumbing Division Victorian Branch, applied for the approval of the SJS Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2016. The dispute centred on the procedural fairness of the Fair Work Commission's (FWC) handling of the approval process. The application was heard in the Federal Court of Australia.

The central legal issues revolved around whether the FWC had appropriately considered all relevant information and whether it had provided adequate reasons for its decision. The applicants contended that the FWC had failed to properly assess certain aspects of the enterprise agreement, particularly concerning the calculation of penalty rates for employees. They argued that the FWC's decision lacked transparency and did not adequately address the specific concerns raised during the consultation process.

The court examined the FWC's decision-making process, focusing on the sufficiency of the reasons provided and the FWC's consideration of the evidence. It held that the FWC had indeed failed to properly consider certain aspects of the agreement, including the penalty rates for employees. The court found that the reasons provided by the FWC were insufficient and that the decision-making process lacked procedural fairness. Consequently, the court set aside the FWC's decision and remitted the matter back to the FWC for reconsideration.

The court did not make any final orders regarding the approval of the enterprise agreement. Instead, it directed the FWC to re-examine the application with a focus on the specific concerns raised by the applicants, particularly those related to the calculation of penalty rates and the adequacy of the reasons provided.

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