DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division NSW Branch
(AG2017/2947)

HOGAN PLUMBING GROUP PTY LTD REGIONAL PLUMBING ENTERPRISE AGREEMENT 2017- 2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 3 OCTOBER 2017

Application for approval of the Hogan Plumbing Group Pty Ltd Regional Plumbing Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Hogan Plumbing Group Pty Ltd Regional Plumbing Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division NSW Branch. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Hogan Plumbing Group Pty Ltd Regional Plumbing Enterprise Agreement 2017-2019. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division NSW Branch sought approval of the agreement which was made between the employer and the union. The nature of the dispute centred on whether the terms and conditions outlined in the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the court had to determine were whether the agreement contained the mandated minimum terms, was free from prohibited content, and whether it had been made in good faith. The union argued that the agreement should be approved as it contained the required minimum terms and did not include any prohibited content. The employer, on the other hand, contended that certain provisions within the agreement did not meet the statutory requirements. The court was required to examine each provision of the agreement to ascertain its compliance with the Fair Work Act.

The Fair Work Commission, after carefully reviewing the agreement, concluded that the majority of the provisions were compliant with the statutory requirements. However, certain clauses were found to contravene specific provisions of the Act. The court found that the employer had not met its obligations under the Act in relation to the negotiation process, as it had not provided the union with the necessary information in a timely manner. Despite this, the Commission approved the agreement, subject to modifications to ensure compliance with the Act. The modifications included the removal of certain clauses and the addition of new provisions to address the deficiencies identified.

The final orders of the Fair Work Commission included the approval of the agreement, subject to the modifications made. The court emphasised the importance of good faith bargaining and the need for employers to provide unions with all necessary information in a timely manner. The decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements set out in the Fair Work Act, and the consequences for employers who fail to meet their obligations under the Act.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division NSW Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established