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
(AG2015/1796)

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

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 25 FEBRUARY 2015

Application for approval of the Obsidian Plumbing 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 Obsidian Plumbing 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 4 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a collective agreement with Obsidian Plumbing Pty Ltd. The dispute centred on the terms and conditions set forth in the proposed agreement for the period 2011 to 2015. The commission was tasked with assessing whether the agreement complied with the relevant legislative framework and whether it met the standards of procedural and substantive fairness.

The primary legal issues before the commission involved ensuring that the agreement adhered to the requirements of the Fair Work Act 2009, including the prohibition against unfair discrimination, and that it was negotiated in good faith. The commission also had to determine whether the terms of the agreement were reasonable in the circumstances of the employees and the employer, and whether the agreement was procedurally sound. The union argued that the agreement was a product of genuine collective bargaining, while the employer raised concerns about specific clauses impacting operational efficiency.

The commission examined the evidence and submissions from both parties, focusing on the negotiation process and the fairness of the terms. It was noted that the union had provided evidence of extensive negotiations and consultation with its members. The commission found that the agreement was negotiated in good faith and that the terms were fair and reasonable, taking into account the nature of the work, the economic context, and the needs of both parties. The commission approved the agreement, finding it met the statutory requirements and was not unfair.

The final orders included the approval of the collective agreement, which would govern the employment terms and conditions between the union and Obsidian Plumbing Pty Ltd for the specified period. The agreement was to be registered with the Fair Work Commission, and the parties were directed to abide by its terms. The decision underscored the importance of good faith bargaining and the need for agreements to be fair and reasonable, balancing the interests of both employers and employees.

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