DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/156)

WOOLLARVEY PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH CARIBBEAN GARDENS ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 FEBRUARY 2019

Application for approval of the Woollarvey Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Caribbean Gardens Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Woollarvey Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Caribbean Gardens 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for the approval of the Woollarvey Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Caribbean Gardens Enterprise Agreement 2016-2019 (the Agreement). The employer, Woollarvey Plumbing, and the Union sought to have the Agreement tested under the Fair Work Act 2009 to ensure it met the criteria for approval. The dispute centred on whether the Agreement complied with the statutory requirements for enterprise agreements and whether it provided fair and reasonable terms for the employees involved.

The legal issues before the FWC included determining if the Agreement was genuinely an enterprise agreement, if it was free from prohibited content, and if it provided for the fair and reasonable terms of employment for the employees covered by the Agreement. Additionally, the FWC had to assess if the agreement met the procedural requirements, such as if it was made with genuine cooperation and if the Union had genuinely represented the employees. The FWC also considered the impact of the Agreement on the employees' terms and conditions of employment, ensuring they were not worse off than under the relevant awards.

The FWC examined the submissions and evidence provided by both parties, focusing on the procedural fairness of the agreement-making process and the content of the Agreement itself. The FWC found that the Agreement was genuinely an enterprise agreement, made without coercion, and represented the employees fairly. The FWC also concluded that the Agreement was free from prohibited content and provided for fair and reasonable terms and conditions of employment for the employees. Given these findings, the FWC approved the Agreement, ensuring it met all statutory requirements under the Fair Work Act 2009.

The FWC's final order was to approve the Woollarvey Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Caribbean Gardens Enterprise Agreement 2016-2019, confirming that it complied with all the necessary statutory provisions and was in the best interests of the employees involved. The FWC's decision was based on its thorough assessment of the evidence and the arguments presented by both parties, ensuring that the Agreement was fair, reasonable, and free from any prohibited content.

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