DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1135)

DB HYDRAULIC PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 26 APRIL 2019

Application for approval of the DB Hydraulic Plumbing 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 DB Hydraulic Plumbing 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 is approved and, in accordance with s.54 of the Act, will operate from 3 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the representative of certain employees, applied for approval of the DB Hydraulic Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The applicants sought to have the agreement approved as a “single interest employer agreement” under section 227 of the Fair Work Act 2009. The employer, DB Hydraulic Plumbing Pty Ltd, did not oppose the application, but it did raise concerns about the effect of the agreement on its ability to manage its business.

The primary legal issue for the Commission to determine was whether the agreement met the requirements of section 227 of the Fair Work Act 2009 for approval as a single interest employer agreement. The employer did not oppose the application but raised concerns about the agreement's potential impact on its business management. The Commission considered whether the agreement's provisions aligned with the legislative criteria and whether it would unduly harm the employer's business.

The Commission found that the agreement met the criteria for approval under section 227 of the Fair Work Act 2009. The provisions of the agreement were consistent with the legislative requirements, and the employer's concerns about business management did not outweigh the benefits of the agreement to the employees. The Commission approved the agreement, emphasising the importance of balancing the rights of employers and employees under the Act.

The Fair Work Commission approved the DB Hydraulic Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 as a single interest employer agreement. The Commission's decision highlighted the importance of adhering to the legislative criteria while considering the interests of both employers and employees.

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