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
(AG2015/3613)

AJAX PLUMBING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 29 JUNE 2015

Application for approval of the AJAX PLUMBING PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as AJAX PLUMBING PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 (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 6 July 2015. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the AJAX PLUMBING PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015. The parties to the dispute were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and AJAX Plumbing Pty Ltd. The dispute centred on the terms and conditions of the enterprise agreement, with the union seeking approval and the employer raising concerns over certain provisions.

The key legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to determine if the agreement provided for the fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Fair Work Act, including the "better off overall test" (BOOT).

The Fair Work Commission found that the enterprise agreement did meet the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and it complied with the relevant provisions of the Fair Work Act. The Commission also concluded that the agreement passed the better off overall test, as the employees would be better off with the agreement in place than without it. The Commission approved the AJAX PLUMBING PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015, finding it to be in the best interests of the employees.

The Fair Work Commission's final order was the approval of the AJAX PLUMBING PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015, effective from the date of the decision. This decision provided certainty for the employees and employers involved in the agreement and ensured that the terms and conditions of employment were fair and reasonable.

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