DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Systems Ventilation Pty Ltd
(AG2016/4006)

ALL SYSTEMS VENTILATION PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 5 AUGUST 2016

Application for approval of the All Systems Ventilation 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 Systems Ventilation 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 Systems Ventilation 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 5 August 2016 and, in accordance with s.54, will operate from 12 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

All Systems Ventilation Pty Ltd applied to the Fair Work Commission for approval of the All Systems Ventilation Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The CEPU claimed that the application was defective because it did not include certain provisions relating to penalty rates, and that there was insufficient employee support for the agreement. The Fair Work Commission found that the application was defective because it did not include a provision that was required by the Code of Practice. However, the Commission found that the defect was not significant and did not prevent the agreement from being approved. The Commission also found that there was sufficient employee support for the agreement.

The legal issues before the Commission were whether the application was defective, and whether there was sufficient employee support for the agreement. The Commission found that the application was defective because it did not include a provision that was required by the Code of Practice. However, the Commission found that the defect was not significant and did not prevent the agreement from being approved. The Commission also found that there was sufficient employee support for the agreement. The Commission considered the nature and extent of the defect, the likelihood that the defect would cause harm to employees, and the extent to which the defect was capable of being remedied. The Commission also considered the level of employee support for the agreement, including the number of employees who had signed the agreement and the proportion of employees who had signed the agreement to those who had not. The Commission found that the defect was not significant and did not prevent the agreement from being approved, and that there was sufficient employee support for the agreement.

The Fair Work Commission approved the All Systems Ventilation Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, subject to the inclusion of the missing provision. The Commission ordered that the agreement be approved with the addition of the missing provision, and that the parties take all necessary steps to give effect to the approved agreement. The Commission also ordered that the CEPU pay All Systems Ventilation Pty Ltd's costs of the application.

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