DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6931)

VANGUARD PLUMBING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2019

Application for approval of the Vanguard Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Vanguard Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 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 15 January 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 Vanguard Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The court examined the provisions of the agreement, including those relating to wages, hours of work, and other conditions of employment, to determine if it complied with the requirements of the Act.

The primary legal issues before the court were whether the agreement provided for the fair and reasonable terms and conditions of employment, and if it adhered to the procedural requirements for approval. The court was required to assess the agreement against the relevant provisions of the Fair Work Act, including the criteria for approval set out in section 234 of the Act. The court also needed to consider whether the agreement had been genuinely negotiated between the parties and whether it provided for a fair and efficient workplace.

In delivering its decision, the Fair Work Commission found that the agreement met the necessary criteria for approval. The court held that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely negotiated between the parties. The court also found that the agreement complied with the procedural requirements for approval under the Fair Work Act. The court further noted that the agreement provided for a fair and efficient workplace, and that it would not have an adverse effect on the broader industrial relations system. Accordingly, the court approved the agreement under section 234 of the Fair Work Act.

The Fair Work Commission's final orders were that the Vanguard Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 be approved under section 234 of the Fair Work Act. The court's decision provides guidance for future enterprise agreements and reinforces the importance of genuine negotiation and compliance with the relevant provisions of the Fair Work Act.

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