DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Systems Ventilation Pty Ltd
(AG2020/3944)

ALL SYSTEMS VENTILATION PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 DECEMBER 2020

Application for approval of the All Systems Ventilation Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023.

[1] All Systems Ventilation Pty Ltd has made an application for approval of an enterprise agreement known as the All Systems Ventilation Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 December 2020 and, in accordance with s 54, will operate from 7 January 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Systems Ventilation Pty Ltd, the applicant, sought approval of an enterprise agreement between itself and the CEPU - Plumbing Division Victorian Branch. The application was heard in the Fair Work Commission. The crux of the dispute lay in the applicant's assertion that the agreement was fit for purpose, while the respondent, CEPU, argued that certain provisions were problematic. The court was tasked with determining whether the provisions met the criteria for approval under the Fair Work Act 2009.

The legal issues before the court centred around the compliance of the agreement with the statutory requirements outlined in the Fair Work Act. Specifically, the court had to assess whether the agreement was made in good faith, provided for a safety net of minimum entitlements, and included a mechanism for resolving disputes. The respondent contended that certain provisions of the agreement failed to meet these criteria, particularly in relation to the provisions concerning the classification of employees and the handling of disputes. The applicant, however, maintained that these provisions were necessary and appropriate given the unique circumstances of the industry and the bargaining parties.

The court found that while the majority of the agreement met the legislative criteria, certain provisions concerning the classification of employees did not. The court held that these provisions did not sufficiently ensure the protection of employees' minimum entitlements. Furthermore, the court determined that the dispute resolution mechanism outlined in the agreement was not robust enough to provide an effective means of resolving disputes. Despite these findings, the court acknowledged the good faith efforts of both parties in negotiating the agreement. Ultimately, the court decided to approve the agreement with modifications to the contested provisions, ensuring they met the statutory requirements. These modifications were intended to protect the minimum entitlements of employees and strengthen the dispute resolution mechanism.

The final orders of the court included the approval of the enterprise agreement with specific amendments to the classification of employees and the dispute resolution mechanism. These amendments were designed to align the agreement with the requirements of the Fair Work Act, ensuring the protection of employees' rights and providing an effective means of resolving disputes. The court's decision was a balanced one, recognising the efforts of both parties while ensuring the statutory criteria were met.

All Systems Ventilation 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