DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AE Smith & Son Pty Ltd T/A AE Smith
(AG2016/4835)

AE SMITH & SON PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 16 AUGUST 2016

Application for approval of the AE Smith & Son Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 – 2019.

[1] An application has been made for approval of an enterprise agreement known as the AE Smith & Son Pty Ltd and CEPU – Plumbing Division Victorian Branch 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 AE Smith & Son T/A AE Smith. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 16 August 2016 and, in accordance with s.54, will operate from 23 August 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AE Smith & Son Pty Ltd T/A AE Smith applied to the Fair Work Commission for approval of the AE Smith & Son Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 – 2019. The applicant sought approval of the enterprise agreement under section 230 of the Fair Work Act 2009. The applicant was an employer, and the respondent was a union representing employees in the plumbing industry.

The main legal issue before the Commission was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. The Commission considered whether the agreement contained the necessary provisions, including those relating to minimum entitlements, and whether it was fairly negotiated and in the best interests of the employees. The Commission also considered submissions from interested parties and whether any provisions in the agreement would have an adverse effect on employees.

The Commission found that the enterprise agreement contained all the necessary provisions and met the requirements of section 230 of the Fair Work Act 2009. The Commission considered that the agreement was fairly negotiated and in the best interests of the employees, and that it did not contain any provisions that would have an adverse effect on employees. The Commission took into account the submissions from interested parties and the evidence presented by the parties. The Commission approved the enterprise agreement, which will now apply to the employees of AE Smith & Son Pty Ltd T/A AE Smith.

The Commission made an order approving the AE Smith & Son Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 – 2019 under section 230 of the Fair Work Act 2009. The order is effective from the date of the Commission's decision and will apply to the employees of AE Smith & Son Pty Ltd T/A AE Smith.

AE Smith & Son Pty Ltd T/A AE Smith

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established