DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/910)

NUDJ PLUMBING PTY LTD AND EMPLOYEE COLLECTIVE AGREEMENT 2014-2017

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 2 JULY 2015

Application for approval of the NUDJ Plumbing Pty Ltd and Employee Collective Agreement 2014-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the NUDJ Plumbing Pty Ltd and Employee Collective Agreement 2014-2017 (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 (CEPU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CEPU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2015. The nominal expiry date of the Agreement is 1 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and NUDJ Plumbing Pty Ltd. The dispute was heard by the Fair Work Commission. The union sought to have the agreement, which had been entered into with the employer, formally approved under the Fair Work Act 2009. The employer, while not opposing the approval of the agreement, did express concerns regarding certain provisions, particularly those related to the classification and remuneration of employees.

The legal issues before the Commission centred on whether the provisions of the agreement were fair and reasonable, and whether they complied with the statutory requirements for approval under the Fair Work Act. The employer's objections needed to be evaluated to determine if they were valid and whether they undermined the fairness of the agreement. The Commission also had to consider the broader context of the agreement, including the nature of the industry and the bargaining positions of the parties.

In reaching its decision, the Commission examined the terms of the agreement and the employer's objections. It found that the majority of the agreement's provisions were fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The Commission concluded that the employer's concerns did not sufficiently undermine the fairness of the agreement. Therefore, the application for approval was ultimately successful. The agreement was deemed to be fair and reasonable and was approved under the Act.

The Fair Work Commission approved the NUDJ Plumbing Pty Ltd and Employee Collective Agreement 2014-2017, finding that it was fair and reasonable and complied with the requirements of the Fair Work Act. The concerns raised by the employer did not sufficiently impact the fairness of the agreement, and thus the application for approval was granted. This decision ensures that the terms of the agreement will be legally enforceable, providing certainty for both the union and the employer in their industrial relations dealings.

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