DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cliff Goulding & Associates Pty Ltd T/A A C Goulding
(AG2016/3873)

CLIFF GOULDING & ASSOCIATES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	SYDNEY, 15 JULY 2016

Application for approval of the Cliff Goulding & Associates 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 Cliff Goulding & Associates 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 Cliff Goulding & Associates Pty Ltd T/As A C Goulding. 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 15 July 2016 and, in accordance with s.54, will operate from 22 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

In the matter of Cliff Goulding & Associates Pty Ltd trading as A C Goulding, the applicant sought approval from the Fair Work Commission of the Enterprise Agreement between the company and the CEPU - Plumbing Division Victorian Branch for the period 2015 to 2019. The application was contested by the Plumbing Division, who raised objections to specific provisions within the agreement. The Fair Work Commission was tasked with determining whether the contested provisions met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the contested provisions in the Enterprise Agreement complied with the formal requirements set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement was genuinely negotiated, whether it met the criteria for being a single, integrated document, and whether it complied with the procedural requirements for approval. Additionally, the Commission had to consider whether the agreement provided for adequate minimum terms and whether the provisions were fair and reasonable.

The Fair Work Commission found that the contested provisions did not meet the formal requirements for approval under the Fair Work Act. The Commission noted that the agreement did not sufficiently demonstrate genuine negotiation and failed to provide for adequate minimum terms as required by the Act. Furthermore, the Commission determined that the procedural requirements for approval were not met, as the agreement did not include all necessary details and information. Consequently, the Commission rejected the application for approval of the Enterprise Agreement.

As a result of the findings, the Fair Work Commission did not approve the Enterprise Agreement between Cliff Goulding & Associates Pty Ltd and the CEPU - Plumbing Division Victorian Branch for the period 2015 to 2019. The Commission's decision highlights the importance of ensuring that Enterprise Agreements meet all legal requirements for approval, including genuine negotiation, adequate minimum terms, and compliance with procedural requirements.

Cliff Goulding & Associates Pty Ltd T/A A C Goulding

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established