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
(AG2015/3771)

BNE AIR PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 14 JULY 2015

Application for approval of the BNE Air 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 BNE Air 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 21 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 brought an application for the approval of the BNE Air Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011 - 2015. The agreement was being sought under the Fair Work Act 2009, which provides a process for the registration of certain agreements. The dispute centred on the terms and conditions of employment for employees of BNE Air Pty Ltd, which were to be governed by the agreement. The union sought to ensure that the agreement contained provisions that were fair and reasonable for the employees.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, and whether it contained appropriate mechanisms for resolving disputes between the parties. The Commission also had to consider whether the agreement was likely to promote harmony, co-operation and productivity in the workplace. The union argued that the agreement contained provisions that were necessary to protect the rights and interests of the employees, while the employer argued that the agreement went beyond what was necessary to achieve these objectives.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement met the requirements of the Fair Work Act. The Commission determined that the agreement contained appropriate mechanisms for resolving disputes, and that it was likely to promote harmony, co-operation and productivity in the workplace. The Commission also found that the agreement contained provisions that were fair and reasonable for the employees, and that it did not go beyond what was necessary to achieve the objectives of the Act. The application for approval of the agreement was therefore granted.

The Commission made orders approving the agreement, subject to certain conditions. The conditions included that the agreement be reviewed by the parties within two years of the approval, and that any changes to the agreement be approved by the Commission. The agreement was also subject to the provisions of the Fair Work Act, and any disputes arising under the agreement were to be resolved in accordance with 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