DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bourke Air Pty Ltd
(AG2016/3072)

BOURKE AIR PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 -2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of the Bourke Air Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 -2019.

[1] An application has been made for approval of an enterprise agreement known as the Bourke Air Pty Ltd and CEPU - Plumbing Division Victorian Branch 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 Bourke Air 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 31 May 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

Bourke Air Pty Ltd recently brought an application before the Fair Work Commission, seeking approval of their enterprise agreement with the CEPU - Plumbing Division Victorian Branch for the period 2016-2019. The application was made under section 233 of the Fair Work Act 2009, which allows the Commission to approve a new enterprise agreement if it is satisfied that the agreement is appropriate for the employees and employers involved. The dispute centred on the specific terms and conditions outlined in the proposed agreement, including wages, working hours, and other employment-related matters.

The primary legal issues the Commission was required to address were whether the agreement was fairly and properly negotiated and whether it met the requirements of the Fair Work Act. Specifically, the Commission had to ensure that the agreement did not include terms that were less favourable than the applicable award or safety net minimum terms and conditions, and that it did not discriminate against any group of employees. Additionally, the Commission had to consider whether the agreement was likely to facilitate the improvement of the operational efficiency of the employer and whether it included appropriate dispute resolution mechanisms.

After thorough consideration of the arguments presented by both parties and a review of the proposed agreement, the Commission found that the agreement was fairly and properly negotiated and met the statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it included appropriate dispute resolution mechanisms. Furthermore, the Commission was satisfied that the agreement did not include any terms that were less favourable than the applicable award or safety net minimum terms and conditions. The Commission approved the agreement, finding that it would facilitate the improvement of the operational efficiency of the employer and promote high-quality employment outcomes for the employees.

In light of the findings, the Commission approved the Bourke Air Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019, effective from the date of the decision. This approval means that the terms and conditions outlined in the agreement will govern the employment relationship between Bourke Air Pty Ltd and the employees covered by the agreement for the specified period.

Bourke Air 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