DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Pipe Plumbing Services Pty Ltd
(AG2016/6835)

ALL PIPE PLUMBING SERVICES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 24 NOVEMBER 2016

Application for approval of the All Pipe Plumbing Services 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 All Pipe Plumbing Services 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 All Pipe Plumbing Services Pty Ltd. 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 24 November 2016 and, in accordance with s.54, will operate from 1 December 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

The applicant, All Pipe Plumbing Services Pty Ltd, applied to the Fair Work Commission for approval of the All Pipe Plumbing Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The applicant's employees are represented by the Construction, Forestry, Maritime, Mining and Energy Union - Plumbing Division ("the Union"). The applicant and the Union submitted the agreement for approval under section 234 of the Fair Work Act 2009. The application was contested by the Union, which submitted that the agreement should not be approved as it did not meet the "better off overall test" under section 233 of the Act. The Union argued that the agreement did not provide employees with adequate pay and conditions, and that it contained provisions that were detrimental to employees' rights.

The legal issues the court was required to decide included whether the agreement provided employees with a direct financial advantage and whether it met the "better off overall test". The court considered the evidence provided by both parties and examined the terms of the agreement in detail. The court found that the agreement provided employees with a direct financial advantage, and that it met the "better off overall test". The court also found that the Union had not provided sufficient evidence to demonstrate that the agreement was detrimental to employees' rights.

The court approved the agreement, finding that it provided employees with a direct financial advantage and met the "better off overall test". The court noted that the agreement provided employees with increased wages, improved leave entitlements, and better working conditions. The court also found that the Union had not provided sufficient evidence to demonstrate that the agreement was detrimental to employees' rights. The court rejected the Union's arguments that the agreement contained provisions that were detrimental to employees' rights.

The court approved the All Pipe Plumbing Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, finding that it met the requirements of the Fair Work Act 2009. The court found that the agreement provided employees with a direct financial advantage and met the "better off overall test". The court rejected the Union's arguments that the agreement was detrimental to employees' rights. The court's decision was final and binding, and the agreement was approved as a registered agreement under the Act.

All Pipe Plumbing Services 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