DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

O.P. Industries Pty Ltd
(AG2014/11048)

O.P. INDUSTRIES PTY LTD PLUMBING MECHANICAL SERVICES ON SITE COLLECTIVE AGREEMENT 2014-2015

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 JANUARY 2015

Application for approval of the O.P. Industries Pty Ltd Plumbing Mechanical Services On Site Collective Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the O.P. Industries Pty Ltd Plumbing Mechanical Services On Site Collective Agreement 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by O.P. Industries Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 (CEPU), 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2015. The nominal expiry date of the Agreement is 1 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Fair Work Ombudsman applied for the approval of the O.P. Industries Pty Ltd Plumbing Mechanical Services On Site Collective Agreement 2014-2015, which had been registered by the respondents. The dispute arose from the Fair Work Ombudsman's concerns that the agreement failed to meet the requirements of the Fair Work Act 2009, particularly in relation to the coverage of employees and the bargaining process.

The central legal issues before the commission were whether the agreement was made in accordance with the provisions of the Act and whether it was in the public interest to approve the agreement. Specifically, the commission needed to determine whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions of employment.

The commission found that the agreement had been genuinely negotiated and that it provided for fair and reasonable terms and conditions of employment. The commission also found that the agreement was in the public interest to be approved. The commission noted that the agreement provided for a streamlined bargaining process and that it was consistent with industry-wide agreements. The commission further found that the agreement provided for a fair and reasonable balance of rights and obligations between the parties.

The commission approved the agreement and made orders accordingly. The commission ordered that the agreement be registered and that it be binding on the parties from the date of registration. The commission also made orders in relation to the enforcement of the agreement and the remedies available in the event of a breach.

O.P. Industries Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established