DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1451)

ALL INCLUSIVE LABOUR AND CEPU - PLUMBING DIVISION (VIC) LABOUR HIRE ENTERPRISE AGREEMENT 2018-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 20 MAY 2019

Application for approval of the All Inclusive Labour and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the All Inclusive Labour and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2018-2019 (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 27 May 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, which sought approval for the All Inclusive Labour and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2018-2019. The dispute centred on whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. The court's task was to determine if the agreement satisfied the necessary criteria, including the procedural fairness and the substantive fairness of the agreement.

The primary legal issues before the court were whether the agreement was made in accordance with the relevant provisions of the Fair Work Act and whether the agreement met the standards of procedural and substantive fairness. This involved assessing the processes through which the agreement was developed, including the representation of the employees and the fairness of the bargaining process. Additionally, the court needed to evaluate the terms of the agreement to ensure they did not undermine the minimum protections guaranteed under the Act.

The court examined the processes used to develop the agreement and found that they adhered to the procedural requirements stipulated by the Fair Work Act. The union had adequately represented the employees, and the bargaining process was deemed fair. In terms of substantive fairness, the court considered the terms of the agreement and concluded that they did not undermine the minimum protections set out in the Act. The agreement was found to be balanced and fair, providing adequate benefits to the employees while also considering the interests of the employer. Based on these findings, the court approved the agreement.

The court granted approval for the All Inclusive Labour and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2018-2019, finding it to be procedurally and substantively fair, and compliant with the requirements of the Fair Work Act. This decision ensures that the agreement can now be implemented, providing a framework for the employment conditions of the covered workers within the specified period.

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