DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6487)

SUPPLY AIR SERVICES (AUST) PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 31 JANUARY 2019

Application for approval of the Supply Air Services (Aust) Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Supply Air Services (Aust) Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging 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 7 February 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 approval of a Lagging Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Supply Air Services (Aust) Pty Ltd. The agreement covered the period from 2016 to 2019 and was specifically for the Plumbing Division within the Victorian Branch. The union and the employer had reached a negotiated agreement that they sought to have approved and registered by the Commission to ensure its enforceability and compliance with relevant industrial laws.

The central legal issue before the Commission was whether the agreement met all the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, the extent to which it provided for the fair and efficient resolution of workplace issues, and whether it included appropriate mechanisms for employee participation. Additionally, the Commission had to determine if the agreement complied with the Fair Work (Registered Organisations) Act 2009, ensuring that the union and employer involved were duly registered and met the legal requirements for entering into such agreements.

The Commission examined the terms of the agreement in detail, considering the submissions from both the union and the employer. It found that the agreement had been made in good faith, provided for fair and efficient resolution of workplace issues, and included appropriate employee participation mechanisms. The Commission also confirmed that the union and employer met all legal requirements for entering into the agreement. Based on these findings, the Commission approved the agreement and directed its registration, ensuring its enforceability and compliance with industrial laws.

The Fair Work Commission approved the Supply Air Services (Aust) Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2016 - 2019 and ordered its registration. This decision ensured that the agreement would be legally binding and enforceable, providing a clear framework for the employment relationship between the parties for the specified period.

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