DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3106)

GLOBE GROUP MAJOR PROJECTS PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of the Globe Group Major Projects 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 Globe Group Major Projects 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 27 May 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The dispute in this case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Globe Group Major Projects Pty Ltd. The matter was brought before the Fair Work Commission (FWC), with the union applying for approval of a collective agreement between itself and the employer for the period 2015-2019. The crux of the issue lay in the determination of whether the agreement complied with the provisions of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth).

The FWC was tasked with assessing whether the proposed agreement met the legislative criteria for approval, specifically whether it provided for a safety net of minimum wages and conditions, included a mechanism for resolving disputes, and was in the best interest of the employees. Additionally, the court needed to consider whether the agreement unfairly disadvantaged any employees by excluding them from certain provisions.

The FWC found that the agreement largely complied with the legislative requirements. It provided a comprehensive safety net of wages and conditions, which met the minimum standards set by the Act. The inclusion of a dispute resolution mechanism was deemed adequate, as it allowed for both internal and external dispute resolution processes. The FWC also concluded that the agreement was in the best interest of the employees, as it offered a range of benefits that addressed their needs and aspirations. However, the FWC did note that certain exclusions in the agreement could potentially disadvantage some employees and recommended that these be revisited to ensure fairness. Ultimately, the FWC approved the agreement subject to these conditions.

In summary, the FWC approved the collective agreement between CEPU and Globe Group Major Projects Pty Ltd, with the condition that certain exclusions be reviewed to ensure they do not unfairly disadvantage any employees. This decision underscores the importance of ensuring that all employees are fairly represented and protected under a collective agreement.

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