DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allen Insulations (Vic) Pty Ltd
(AG2016/5016)

ALLEN INSULATION PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the Allen Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Allen Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allen Insulation 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.

[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 5 September 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, Allen Insulations (Vic) Pty Ltd, sought approval of an enterprise agreement with the CEPU - Plumbing Division Victorian Branch. The applicant is an employer with employees covered by the proposed agreement, which seeks to regulate their terms and conditions of employment. The applicant's application was heard by the Fair Work Commission, which is tasked with the approval of enterprise agreements under the Fair Work Act 2009 (Cth). The Commission's role was to determine if the agreement met the requirements for approval under the Act, including whether it was made in good faith, contained only matters that are directly related to the employees' employment, and passed the "better off overall test".

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This required the Commission to assess if the agreement was made in good faith, contained only matters that are directly related to the employees' employment, and met the "better off overall test". This test requires that the employees be no worse off financially and at least as well off financially as they would be under the applicable award or agreement. The Commission also needed to consider whether the agreement contained any terms that were contrary to public policy or that were otherwise unlawful.

The Commission found that the agreement met the statutory requirements for approval. The applicant had demonstrated that the agreement was made in good faith and that it contained only matters that were directly related to the employees' employment. The Commission was satisfied that the agreement passed the "better off overall test" and that the employees would be no worse off financially and at least as well off financially as they would be under the applicable award or agreement. The Commission also found that the agreement did not contain any terms that were contrary to public policy or that were otherwise unlawful. The applicant's application was accordingly approved.

The Fair Work Commission approved the proposed enterprise agreement between Allen Insulations (Vic) Pty Ltd and the CEPU - Plumbing Division Victorian Branch. The agreement was to regulate the terms and conditions of employment of the employees of the applicant. The Commission found that the agreement met the statutory requirements for approval under the Fair Work Act, including that it was made in good faith, contained only matters that were directly related to the employees' employment, and passed the "better off overall test". The Commission also found that the agreement did not contain any terms that were contrary to public policy or that were otherwise unlawful.

Allen Insulations (Vic) Pty Ltd

DECISION

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