DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1238)

GLOBE GROUP MAJOR PROJECTS PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2018-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 1 MAY 2019

Application for approval of the Globe Group Major Projects Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Globe Group Major Projects Pty Ltd and CEPU - Plumbing Division Victorian Branch 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 8 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the CEPU - Plumbing Division Victorian Branch, and Globe Group Major Projects Pty Ltd. The dispute centred around the application for the approval of the Enterprise Agreement between the union and the employer for the years 2018 to 2019. The matter was brought before the Fair Work Commission, which is the primary industrial relations tribunal in Australia.

The central legal issues that the Commission needed to address were whether the Enterprise Agreement met the necessary criteria under the Fair Work Act 2009 and if it was fair and reasonable for all parties involved. The Commission had to ensure that the agreement contained no prohibited content, provided for a genuine bargaining process, and did not unfairly disadvantage any party.

The Fair Work Commission found that the Enterprise Agreement complied with the statutory requirements set out in the Fair Work Act 2009. The Commission took into consideration the terms and conditions of employment, the negotiation process, and the overall fairness of the agreement. After careful deliberation, the Commission determined that the agreement was fair and reasonable for both parties and approved it. The Commission found that the agreement contained no prohibited content and that it was the product of genuine bargaining between the parties.

In light of the findings, the Fair Work Commission approved the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CEPU - Plumbing Division Victorian Branch, and Globe Group Major Projects Pty Ltd for the period 2018 to 2019. The decision was based on the conclusion that the agreement met the necessary criteria under the Fair Work Act 2009 and was fair and reasonable for all parties involved. The approval of the agreement allows it to be registered and enforceable, providing a stable and agreed-upon framework for the employment relationship between the union, employer, and their members.

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