DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/2543)

CUSTOM AIRCONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JULY 2019

Application for approval of the Custom Airconditioning 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 Custom Airconditioning 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 July 2019 and, in accordance with s.54, will operate from 2 August 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Custom Airconditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. Custom Airconditioning Pty Ltd and the CEPU - Plumbing Division Victorian Branch were in dispute regarding the terms of the proposed enterprise agreement, specifically seeking to have the agreement approved by the Fair Work Commission.

The legal issues that the Commission had to address were whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. This included whether the agreement was made in good faith, whether it provided for a proper process for resolving disputes, and whether it complied with the provisions for minimum entitlements and terms. The Commission also had to consider whether the agreement was likely to have a positive effect on productivity, sustainability, and/or efficiency of the workplace.

The Commission found that the proposed agreement met the criteria for approval under the Fair Work Act. It found that the agreement was made in good faith and provided for a proper process for resolving disputes. The Commission was satisfied that the agreement did not undermine the operation of the safety net of minimum entitlements and that it was likely to have a positive effect on productivity, sustainability, and/or efficiency of the workplace. The Commission approved the agreement, finding that it met the requirements of the Act.

The Fair Work Commission approved the Custom Airconditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019, finding that it met the necessary criteria for approval under the Fair Work Act. The Commission found that the agreement was made in good faith, provided for a proper process for resolving disputes, did not undermine the operation of the safety net of minimum entitlements, and was likely to have a positive effect on productivity, sustainability, and/or efficiency of the workplace.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established