DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chadoak Pty Ltd
(AG2016/1681)

CHADOAK PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER ROE	SYDNEY, 11 JULY 2016

Application for approval of the Chadoak 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 Chadoak 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 Chadoak 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 11 July 2016 and, in accordance with s.54, will operate from 18 July 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

Chadoak Pty Ltd, the respondent, applied for the Fair Work Commission's approval of the Chadoak Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The applicant, CEPU - Plumbing Division Victorian Branch, did not oppose the application. The dispute involved the fairness and compliance of the enterprise agreement with relevant labour laws and standards. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was made in good faith, if it was appropriately certified, and if it complied with all relevant provisions of the Fair Work Act. The Commission needed to consider if the agreement met the requirements for an enterprise agreement as outlined in the Act, including the good faith test and whether the agreement was certified by an independent certifier. The Commission also needed to ensure that the agreement did not unfairly disadvantage any party and that it adhered to minimum standards set out in the National Employment Standards.

The Commission found that the agreement was made in good faith and was appropriately certified by an independent certifier. It held that the agreement was not unfair and complied with all relevant provisions of the Fair Work Act. The Commission noted that the agreement covered all necessary aspects, including wages, conditions, and other employment terms, and that it did not disadvantage any party. Therefore, the Commission approved the enterprise agreement, finding it to be fair and compliant with the law.

The Fair Work Commission approved the Chadoak Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, confirming its compliance with the Fair Work Act. The Commission's decision ensured that the agreement would govern the employment terms between the parties for the specified period. This ruling provides clarity and certainty to both Chadoak Pty Ltd and the CEPU - Plumbing Division Victorian Branch regarding the terms of their employment relationship.

Chadoak 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