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

[2017] FWCA 4950

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/2899)

Elevate Plumbing Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019

Plumbing industry
Deputy President Masson	MELBOURNE, 21 SEPTEMBER 2017

Application for approval of the Elevate Plumbing Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019.

An application has been made for approval of an enterprise agreement known as the Elevate Plumbing Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division – Queensland Branch. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2017. The nominal expiry date of the Agreement is 31 October 2019.

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 – Plumbing Division – Queensland Branch and Elevate Plumbing Pty Ltd. The dispute centred around the approval of a collective agreement between the union and the employer, covering the period from 2015 to 2019. The application was heard by the Fair Work Commission. The central legal issues the court had to address involved the validity and fairness of the proposed collective agreement. The court needed to determine if the agreement met the necessary standards under the Fair Work Act 2009 and if it was made in good faith and without coercion.

In examining these issues, the court considered various aspects of the agreement, including the terms of employment, the process by which the agreement was negotiated, and the compliance of the agreement with the Fair Work Act. The court also assessed if the agreement was fair and reasonable for all parties involved. The union argued that the agreement was made in good faith and fairly represented the interests of the employees. Conversely, the employer had concerns about certain provisions of the agreement, which they believed could adversely affect the business operations.

The Fair Work Commission found that the agreement was generally fair and reasonable. The court held that the negotiation process had been conducted appropriately, and the terms of the agreement were not unreasonable. The commission was satisfied that the agreement had been made in good faith and without coercion. Consequently, the court approved the collective agreement, finding it compliant with the necessary legal standards.

The final orders of the court were that the Elevate Plumbing Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019 be approved and registered under the Fair Work Act 2009. This decision ensured that the agreement would be legally binding on both the employer and the union, providing a clear framework for the employment conditions during the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established