DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3095)

LINDORES PERSONNEL NO. 2 PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of the Lindores Personnel No. 2 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 Lindores Personnel No. 2 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application for approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Lindores Personnel No. 2 Pty Ltd. The agreement in question was the CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The application for approval was brought before the Fair Work Commission under the Fair Work Act 2009. The dispute arose from disagreements over the terms and conditions of the proposed agreement, specifically whether the agreement met the legal requirements for approval and if it was in the interests of the employees.

The primary legal issue before the court was whether the collective agreement met the statutory requirements for approval under the Fair Work Act. This included determining if the agreement was genuinely a product of bargaining between the parties and if it contained all the mandated terms and conditions as per the Act. Furthermore, the court had to assess whether the agreement was in the best interests of the employees it was intended to cover, considering aspects such as wages, conditions of employment, and other terms and conditions of work.

The court examined the process of negotiation and concluded that the agreement was genuinely the product of genuine bargaining between the parties. The court noted that the agreement contained all the required terms and conditions stipulated by the Act, including provisions for wages, hours of work, leave, and other employment-related matters. The court also considered the fairness of the agreement to the employees, taking into account submissions from both parties and the broader context of the industry. After thorough deliberation, the court determined that the agreement was in the best interests of the employees and approved the collective agreement.

The court's decision was communicated in a detailed written judgment, which outlined the reasoning behind the approval. The final orders of the court included the approval of the CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019, which would be binding on the parties and their employees for the specified period.

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