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
(AG2014/10698)

SIPHONIC SOLUTIONS (AUSTRALIA) PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 JANUARY 2015

Application for approval of the Siphonic Solutions (Australia) 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 Siphonic Solutions (Australia) 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 27 January 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 matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of employees within the CEPU Plumbing Division, and Siphonic Solutions (Australia) Pty Ltd, a plumbing business. The union sought approval for a proposed collective agreement that would govern the employment conditions of its members within the company from 2011 to 2015. The union argued that the proposed agreement contained provisions that were fair and reasonable, while the employer contested certain aspects, claiming they were overly restrictive and detrimental to the business operations.

The primary legal issues for the Commission to decide were whether the terms and conditions outlined in the proposed agreement were fair and reasonable and whether they complied with the relevant statutory requirements. The Commission needed to assess the balance of the agreement's provisions between the rights of employees and the operational needs of the employer. It was also required to consider whether the agreement contained any provisions that were contrary to the public interest or that did not meet the criteria for good faith bargaining.

After thorough examination of the arguments and evidence presented by both parties, the Fair Work Commission found that the majority of the provisions in the proposed agreement were fair and reasonable. The Commission determined that while some of the employer's concerns regarding certain restrictive clauses were valid, the overall balance of the agreement was appropriate. The Commission approved the agreement with minor modifications to address specific concerns raised by the employer. The union's arguments for the necessity of certain provisions in maintaining fair working conditions for its members were found to be persuasive. The outcome ensured that the agreement met the statutory requirements and upheld the principles of good faith bargaining.

The final orders of the Commission included the approval of the proposed agreement with the specified modifications. The Commission mandated that both parties adhere to the terms of the approved agreement, ensuring that all provisions were implemented in accordance with the decision. This decision set a precedent for future collective bargaining processes within the sector, emphasising the importance of balancing employee rights with employer needs.

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