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
(AG2015/1859)

O'MEARA MECHANICAL SERVICES PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 MARCH 2015

Application for approval of the O'Meara Mechanical Services 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 O'Meara Mechanical Services 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 agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 9 March 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, on behalf of its members, and O'Meara Mechanical Services Pty Ltd. The union sought approval of a collective agreement between itself and the employer, for the period 2011-2015. The matter was heard in the Fair Work Commission, which is a specialist tribunal with jurisdiction to hear and determine workplace disputes.

The primary legal issue before the commission was whether the collective agreement met the requirements of the Fair Work Act 2009, particularly in terms of its content and the process by which it was negotiated and agreed upon. The commission needed to determine whether the agreement was a "registered agreement" under the act, which would allow it to be enforced against the employer and its employees.

The commission found that the agreement was in compliance with the requirements of the act. It was negotiated in good faith and contained all the necessary terms, including those relating to minimum wages and conditions. The commission was satisfied that the agreement had been properly ratified by the union's members and that it did not contain any terms that would be contrary to public policy. As such, the commission approved the agreement, which would now be binding on both the employer and the union's members.

The commission made an order approving the collective agreement, which would be registered under the Fair Work Act. This decision was significant as it provided certainty for both the employer and the union's members, who could now rely on the terms of the agreement for the duration of its operation.

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