DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1773)

RICKY MORRIS PLUMBING & GASFITTING SERVICE AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2019

Application for approval of the Ricky Morris Plumbing & Gasfitting Service 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 Ricky Morris Plumbing & Gasfitting Service 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] 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 14 June 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Ricky Morris Plumbing & Gasfitting Service, with the CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 at its core. The union sought approval of the agreement, which had been registered with the Fair Work Commission but required the court's formal endorsement. The legal issues centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for a registered agreement under the Act.

The court examined the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009 to determine the necessary conditions for the approval of an enterprise agreement. The union argued that the agreement was fair and reasonable and met all statutory requirements. The employer raised concerns about certain clauses within the agreement. The court considered the content and implications of these clauses, assessing them against the statutory criteria for a registered agreement. It was determined that the agreement was fair and reasonable, meeting all legislative requirements.

Having reviewed the agreement and its provisions, the court found that the agreement complied with the relevant statutory provisions and met the criteria for a registered agreement. The court was satisfied that the agreement was fair and reasonable and approved it. The court issued an order approving the Ricky Morris Plumbing & Gasfitting Service and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019, which became effective upon the order's issuance.

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