DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6932)

ALL STATE AIR PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2018 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the All State Air 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 All State Air 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] 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 18 February 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and All State Air Pty Ltd, represented by the CEPU - Plumbing Division Victorian Branch. The dispute revolves around the application for approval of the All State Air Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018-2019. The matter was heard in the Fair Work Commission.

The legal issues that the court was required to decide included whether the proposed enterprise agreement complied with the relevant legislative requirements, and whether it was fair and reasonable in terms of its provisions and implications for both the employees and the employer. The court also had to consider whether the agreement provided an appropriate balance of the rights, needs and expectations of both parties.

In reaching its decision, the court examined the provisions of the Fair Work Act 2009, as well as relevant case law and guidelines. The court found that the proposed agreement complied with the legislative requirements and was fair and reasonable in its provisions. The court also found that the agreement provided an appropriate balance of the rights, needs and expectations of both parties. The court approved the enterprise agreement, subject to certain conditions and modifications.

The final orders of the court were that the All State Air Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018-2019 be approved, subject to certain conditions and modifications. These included the addition of a clause relating to the protection of whistleblowers, and the removal of certain provisions that were found to be inconsistent with the Fair Work Act 2009. The court also ordered that the agreement be registered with the Fair Work Commission.

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