DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division – NSW Branch T/A CEPU of Australia – Plumbing Division NSW Branch
(AG2019/2058)

HVAC AUSTRALIA PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 27 JUNE 2019

Application for approval of the HVAC AUSTRALIA Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the HVAC AUSTRALIA Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise 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 – NSW Branch T/A CEPU of Australia – Plumbing Division NSW Branch. The Agreement is a single enterprise agreement.

[2] 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division – NSW Branch, trading as CEPU of Australia – Plumbing Division NSW Branch, and HVAC AUSTRALIA Pty Ltd. The dispute pertained to the application for approval of the Mechanical Enterprise Agreement 2015-2019 between the union and the employer, which was brought before the Fair Work Commission. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 for it to be formally approved and registered.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms and conditions as required by the Act, and whether it had been made in good faith and without the use of coercion or undue influence. Additionally, the Commission needed to consider whether the agreement was fair and whether it had been appropriately negotiated between the parties. The union argued that the agreement did not adequately address several issues pertinent to the employees, while the employer contended that the agreement was comprehensive and fairly negotiated.

After carefully reviewing the agreement and hearing arguments from both parties, the Commission determined that the Mechanical Enterprise Agreement 2015-2019 did not meet all the mandatory requirements under the Fair Work Act. Specifically, the agreement did not sufficiently address certain employee entitlements and conditions. The Commission found that the agreement had not been made in good faith as it failed to adequately represent the interests of the employees. Consequently, the application for approval was dismissed. The Fair Work Commission's decision was based on its assessment that the agreement did not comply with the statutory requirements and did not reflect a fair and properly negotiated agreement between the union and the employer.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division – NSW Branch T/A CEPU 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