DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/399)

PRO-VENT HVAC SOLUTIONS PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2018-2019

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MARCH 2019

Application for approval of the Pro-Vent HVAC Solutions 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 Pro-Vent HVAC Solutions 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 14 March 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Pro-Vent HVAC Solutions Pty Ltd and the CEPU - Plumbing Division Victorian Branch for approval of an enterprise agreement. The dispute arose from the proposed terms and conditions set out in the Enterprise Agreement 2018-2019. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to resolve was whether the Enterprise Agreement 2018-2019 complied with the provisions of the Fair Work Act. This involved assessing the agreement against several criteria, including whether it provided for minimum terms and conditions, whether it was free from prohibited content, and whether it had been genuinely negotiated between the parties. The Commission also had to consider whether the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2018-2019 complied with the legal requirements for approval. The Commission determined that the agreement contained provisions that covered minimum terms and conditions, was free from prohibited content, and had been genuinely negotiated. The Commission was satisfied that the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees. Accordingly, the Commission approved the Enterprise Agreement 2018-2019.

The final orders of the Commission included the approval of the Enterprise Agreement 2018-2019 between Pro-Vent HVAC Solutions Pty Ltd and the CEPU - Plumbing Division Victorian Branch. The agreement was to be registered by the Commission and would be in effect from 1 July 2018 to 30 June 2019. The Commission's decision provided certainty to the parties and established the terms and conditions of employment for the employees covered by the agreement.

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