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

[2016] FWCA 2344

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

Plumbing and Allied Services Union of Australia

(AG2016/2672)

THE WEST FAMILY TRUST t/a PADSTAR PTY LTD AND CEPU

PLUMBING DIVISION ROOFING UNION COLLECTIVE

AGREEMENT 2016 - 2019

Plumbing industry

COMMISSIONER GREGORY

MELBOURNE, 13 APRIL 2016

Application for approval of The West Family Trust t/a Padstar Pty Ltd and CEPU Plumbing

Division Roofing Union Collective Agreement 2016 - 2019.

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

West Family Trust t/a Padstar Pty Ltd and CEPU Plumbing Division Roofing Union

Collective Agreement 2016 – 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.
[2016] FWCA 2344

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

20 April 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2344

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between The West Family Trust t/a Padstar Pty Ltd and the CEPU Plumbing Division Roofing Union. The agreement, titled "The West Family Trust t/a Padstar Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016 – 2019," was lodged under section 185 of the Fair Work Act 2009. The application was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

The court had to decide whether the application for approval met the statutory requirements set out in sections 186, 187, 188, and 190 of the Fair Work Act 2009. This involved assessing whether the agreement complied with the legal criteria for being a "good faith" agreement, which includes ensuring it did not cause financial detriment to any employee and did not result in substantial changes to the agreement. Additionally, the court examined whether the union, as a bargaining representative, had provided proper notice under section 183 of the Act, and whether the agreement would cover the union as per section 201(2) of the Act.

The Commissioner found that the union had provided written undertakings that satisfied the requirements for approval under the Fair Work Act. These undertakings ensured that no financial detriment would be caused to any employee and that no substantial changes would be made to the agreement. The Commissioner was also satisfied that the agreement met the relevant statutory requirements and that the union had properly notified its intention for the agreement to cover its members. Therefore, the Commissioner approved the agreement, which will operate from 20 April 2016 and expire on 31 October 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established