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
(AG2014/10677)

PARAGON PLUMBING (QLD) PTY LTD - MAJOR COMMERCIAL PLUMBING AND MECHANICAL SERVICES - UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 30 DECEMBER 2014

Application for approval of the Paragon Plumbing (Qld) Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Paragon Plumbing (Qld) Pty Ltd - Major Commercial Plumbing and Mechanical Services - 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 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Paragon Plumbing (Qld) Pty Ltd (the Employer). The Union sought approval for the Major Commercial Plumbing and Mechanical Services – Union Collective Agreement 2011-2015 (the Agreement) from the Fair Work Commission (the Commission). The Employer contested the approval of the Agreement, arguing that it was not in the best interests of its employees. The Commission was required to determine whether the Agreement should be approved.

The legal issues before the Commission included whether the Agreement was made in good faith and whether it was in the best interests of the employees. The Commission considered whether the Agreement complied with the Fair Work Act 2009 and whether it met the criteria for approval under section 232 of the Act. The Commission also needed to assess whether the Agreement was appropriate in terms of its content, the process through which it was made, and its potential impact on the employees and the Employer.

The Commission determined that the Agreement was made in good faith and was in the best interests of the employees. The Commission found that the Agreement complied with the Fair Work Act and met the criteria for approval under section 232 of the Act. The Commission was satisfied that the Agreement was appropriate in terms of its content and the process through which it was made. The Commission also found that the Agreement would have a positive impact on the employees and the Employer. Therefore, the Commission approved the Agreement, and the Union's application for approval was successful.

The Commission approved the Major Commercial Plumbing and Mechanical Services – Union Collective Agreement 2011-2015 and dismissed the Employer's objections. The Commission's decision was based on its finding that the Agreement was made in good faith, was in the best interests of the employees, and met the criteria for approval under the Fair Work Act. The Commission's approval of the Agreement will have significant implications for the Union, the Employer, and their employees, as it provides a legally binding framework for their industrial relations.

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