DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3109)

THE KEATING FAMILY TRUST T/A COLD CONTROL AIRCONDITIONING 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 The Keating Family Trust t/a Cold Control Airconditioning 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 The Keating Family Trust t/a Cold Control Airconditioning 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 involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Keating Family Trust trading as Cold Control Airconditioning Pty Ltd. The dispute is about the approval of the CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The court hearing the case is the Fair Work Commission.

The legal issues before the Commission included whether the terms of the agreement were in compliance with the Fair Work Act 2009, whether the agreement provided for the fair treatment of employees, and whether it was appropriate for the agreement to be approved by the Commission. The Commission had to consider whether the agreement met the criteria for approval, including whether it provided for the proper management of the workplace and whether it allowed for the fair treatment of employees.

The Commission considered the arguments of both parties and examined the terms of the agreement. It found that the agreement met the criteria for approval as it provided for the fair treatment of employees, the proper management of the workplace, and that the agreement was in compliance with the Fair Work Act. The Commission also noted that the agreement provided for the proper regulation of the terms and conditions of employment and that it was appropriate for the agreement to be approved. The Commission approved the agreement and made orders accordingly.

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