DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taylor Engineering Co Pty Ltd
(AG2017/6263)

TAYLOR ENGINEERING CO PTY LTD AND CEPU (PLUMBING DIVISION) FIRE FABRICATION SHOP COLLECTIVE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 31 JANUARY 2018

Application for approval of the Taylor Engineering Co Pty Ltd and CEPU (Plumbing Division) Fire Fabrication Shop Collective Agreement - 2016 - 2019.

[1] On 13 December 2017 Taylor Engineering Co Pty Ltd (Applicant) made an application for approval of the Taylor Engineering Co Pty Ltd and CEPU (Plumbing Division) Fire Fabrication Shop Collective Agreement 2016-2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has indicated its acceptance of the undertakings.

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

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 February 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application was brought by the Australian Building and Construction Commission (the "Commission") seeking approval of the collective agreement between Taylor Engineering Co Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (the "Union") for the period 2016-2019 (the "Agreement"). The Commission argued that the Agreement contained terms that were unfair, in contravention of section 232 of the Fair Work Act 2009 ("the Act"). The Union submitted that the terms were fair and did not contravene the Act.

The primary legal issue before the Fair Work Commission was whether the terms of the Agreement were unfair as defined in section 231 of the Act. The Union contended that the terms were fair and did not contravene the Act. The Commission argued that the terms were unfair and contravened section 232 of the Act. The Commission further argued that the terms were not necessary to protect employees' health and safety.

The Fair Work Commission found that the terms of the Agreement were not unfair and did not contravene the Act. The Commission held that the terms were necessary to protect employees' health and safety and were not contrary to the public interest. The Commission also found that the terms were not harsh, unjust or unreasonable. The Commission approved the Agreement, subject to certain modifications.

The Fair Work Commission approved the Agreement, subject to modifications, finding that the terms were not unfair and did not contravene the Act. The Commission held that the terms were necessary to protect employees' health and safety and were not contrary to the public interest. The modifications included removing certain restrictive provisions and modifying certain other provisions to ensure compliance with the Act. The Commission also ordered that the modifications be given effect by the parties.

Taylor Engineering Co Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established