DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1613)

SHARPE INDUSTRIES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 29 MAY 2019

Application for approval of the Sharpe Industries 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 Sharpe Industries 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] 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 was approved on 29 May 2019 and, in accordance with s.54, will operate from 5 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

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought approval of the Sharpe Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The dispute was heard in the Fair Work Commission. The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was a bona fide enterprise agreement, whether it contained the necessary minimum terms and conditions, and whether it was in the best interests of the employees.

The court examined the nature and content of the proposed agreement, considering whether it contained the mandated minimum terms and whether it adhered to the procedural fairness standards. The court also evaluated whether the agreement would have a beneficial effect on the employees, in terms of their wages and conditions. The court found that the agreement was a bona fide enterprise agreement and contained the necessary minimum terms. Furthermore, the court determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions, including provisions for wage increases and improved working conditions.

The court approved the Sharpe Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019, based on the evidence presented and the findings detailed in the judgement. The approval of the agreement was contingent upon the agreement being registered with the Fair Work Commission within the specified timeframe.

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