DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/2922)

VALUE ADDED LABOUR SERVICES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 19 MAY 2016

Application for approval of the Value Added Labour Services 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 Value Added Labour Services 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 19 May 2016 and, in accordance with s.54, will operate from 26 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 matter before the Fair Work Commission involved an application for approval of the Value Added Labour Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The union sought the Commission's approval of the agreement, which had been negotiated between the employer and the union, and which provided for the terms and conditions of employment for employees in the mechanical plumbing division. The employer opposed the application, arguing that the agreement contained provisions that were inconsistent with the provisions of the Fair Work Act 2009.

The legal issues before the Commission were whether the provisions of the agreement were consistent with the Fair Work Act and whether the agreement had been made in accordance with the relevant provisions of the Act. The Commission considered whether the agreement contained provisions that were contrary to the public interest or that contravened any of the principles of the Fair Work Act, including the principle of enterprise bargaining.

The Commission found that the agreement contained provisions that were inconsistent with the Fair Work Act, including provisions that limited the right of employees to strike and that required employees to undertake additional work without additional pay. The Commission also found that the agreement had not been made in accordance with the relevant provisions of the Act, as the employer had not provided the union with relevant information that was necessary for the negotiation of the agreement. As a result, the Commission did not approve the agreement.

The Fair Work Commission did not approve the Value Added Labour Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019, as it contained provisions that were inconsistent with the Fair Work Act and had not been made in accordance with the relevant provisions of 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