DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/3913)

GLOBE GROUP MAJOR PROJECTS PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 JULY 2015

Application for approval of the Globe Group Major Projects Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[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 Union Collective Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 29 July 2015. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application seeking approval of an enterprise agreement between the union and Globe Group Major Projects Pty Ltd. The agreement, which covered a period from 2011 to 2015, sought to regulate the terms and conditions of employment for the union's members in the plumbing division of the respondent company. The primary issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it complied with the relevant provisions concerning procedural fairness and the protection of employees' rights.

The Commission first examined whether the agreement was a "registered agreement" under the Act, which requires it to have been certified by the Commission as meeting the criteria for registration. It was determined that the agreement had been properly certified, and thus was eligible for registration. The Commission then assessed the agreement against the various statutory requirements, including the need for it to provide for procedural fairness in the workplace, the protection of employees' rights, and compliance with the relevant minimum standards set out in the National Employment Standards. The Commission found that the agreement satisfied these requirements, and was therefore in compliance with the Act.

In reaching its decision, the Commission considered the terms and conditions of the agreement, the evidence presented by both parties, and the relevant legal principles. The Commission determined that the agreement was fair and reasonable, and provided for procedural fairness and the protection of employees' rights. The Commission also found that the agreement did not contravene any of the minimum standards set out in the Act. As such, the Commission approved the agreement and it was registered as a certified agreement under the Act.

The Commission's final order was that the enterprise agreement between the union and the respondent company be approved and registered as a certified agreement under the Fair Work Act 2009. This decision provides clarity and certainty for both parties, and ensures that the agreement is in compliance with the relevant legal requirements.

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