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
(AG2015/3584)

ANDERSON FAMILY TRUST AS TRUSTEE FOR ANDERSON PLUMBING SERVICES AUST. PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 29 JUNE 2015

Application for approval of the Anderson Family Trust as Trustee For Anderson Plumbing Services Aust. 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 Anderson Family Trust as Trustee For Anderson Plumbing Services Aust. 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 6 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

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and the Anderson Family Trust as Trustee for Anderson Plumbing Services Aust. Pty Ltd (the Employer). The Union sought approval of a proposed union collective agreement between the Union and the Employer for the period 2011-2015. The matter was heard in the Fair Work Commission.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, and if it was appropriate to approve the agreement under the Act. The Union argued that the agreement was fair and reasonable and should be approved, while the Employer contested the application on the basis that the agreement was not fair and reasonable.

After considering the evidence and arguments presented by both parties, the Commission found that the proposed agreement was fair and reasonable and met the requirements of the Act. The Commission noted that the agreement provided for appropriate terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission also found that the agreement was appropriately negotiated and that the Union had properly represented its members in the negotiation process. As a result, the Commission approved the proposed agreement, subject to certain conditions and modifications.

The Commission's decision was based on a thorough analysis of the evidence and arguments presented by both parties, as well as a careful consideration of the relevant provisions of the Act. The Commission's approval of the agreement is subject to certain conditions and modifications, which are set out in the decision. The outcome of the case provides clarity and certainty for both the Union and the Employer, and ensures that the terms and conditions of employment for the employees covered by the agreement are 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