Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2016] FWCA 2349

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia

(AG2016/285)

MASTECH SERVICES PTY LTD AND THE CEPU - PLUMBING

DIVISION (VIC) COMMERCIAL REFRIGERATION AGREEMENT

2015 - 2019

Plumbing industry

COMMISSIONER GREGORY

MELBOURNE, 14 APRIL 2016

Application for approval of the Mastech Services Pty Ltd and the CEPU - Plumbing Division

(Vic) Commercial Refrigeration Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the

Mastech Services Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration

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 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.
[2016] FWCA 2349

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

21 April 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2349

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the "Mastech Services Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2015 - 2019". The application was made under section 185 of the Fair Work Act 2009 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement in question is a single enterprise agreement within the plumbing industry.

The legal issues before the Commission were whether the agreement met the requirements set out in sections 186, 187, 188 and 190 of the Fair Work Act. Additionally, the Commission needed to consider whether the agreement would cause financial detriment to any employee or result in substantial changes to the agreement. The Applicant provided written undertakings which were reviewed to ensure they did not compromise the integrity of the agreement.

The Commission found that the agreement met the statutory requirements and that the undertakings provided would not cause financial detriment to any employee or result in substantial changes to the agreement. The Applicant, being a bargaining representative, had also notified the Commission that it wanted the agreement to cover it, which was confirmed under section 201(2) of the Act. The agreement was approved and would operate from 21 April 2016, with a nominal expiry date of 30 June 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established