DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/762)

ALOHA POOLS PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2018-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2019

Application for approval of the Aloha Pools 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 Aloha Pools 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 5 April 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 Fair Work Commission involved an application for the approval of the Aloha Pools Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018-2019. The applicant, the CEPU, sought the approval of the enterprise agreement, which was proposed to govern the terms and conditions of employment for employees of Aloha Pools Pty Ltd. The dispute centred around whether the agreement complied with the relevant statutory requirements and whether it was made in accordance with the provisions of the Fair Work Act 2009.

The key legal issues the Commission had to determine included whether the agreement was genuinely made by the parties without any coercion, duress, or other forms of unfair pressure. It was also necessary to consider whether the agreement provided for terms and conditions that met the statutory minimum standards and whether the agreement contained appropriate mechanisms for resolving workplace disputes. Additionally, the Commission had to assess whether the agreement was procedurally sound and if it adhered to the requirements for independent assessment.

The Commission found that the agreement was genuinely made without any improper influence or pressure. The terms of the agreement were examined against the statutory minimum standards, and it was determined that the agreement met these requirements. The Commission also found that the agreement included adequate dispute resolution mechanisms, which were acceptable under the legislation. Furthermore, the procedural aspects of the agreement's formation were found to be compliant with the Act. Consequently, the Commission approved the enterprise agreement.

In summary, the Fair Work Commission approved the Aloha Pools Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018-2019, finding it to be fairly made, compliant with statutory requirements, and procedurally sound.

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