DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6643)

HCR AUSTRALIA PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 14 DECEMBER 2018

Application for approval of the HCR Australia 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 HCR Australia 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 21 December 2018. 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 applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), sought the court's approval of the HCR Australia Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The applicant argued that the agreement met the requirements of section 230 of the Fair Work Act 2009, as it was a new enterprise agreement and had been certified by the Fair Work Commission. The respondent, HCR Australia Pty Ltd, did not oppose the application but raised concerns about the agreement's impact on its business operations and employees.

The primary legal issue for the court to determine was whether the enterprise agreement met the statutory criteria outlined in section 230 of the Fair Work Act 2009. This involved assessing whether the agreement was in writing, had been certified by the Fair Work Commission as a new enterprise agreement, and did not include any terms that would be contrary to public policy. Additionally, the court had to consider the respondent's concerns regarding the agreement's potential impact on the company's business and employees, even though the respondent did not formally oppose the application.

In delivering the judgment, the court found that the enterprise agreement met all the statutory criteria set out in section 230 of the Fair Work Act 2009. The agreement was in writing, had been certified by the Fair Work Commission, and did not contain any terms that would be contrary to public policy. The court also considered the respondent's concerns but ultimately determined that they did not provide sufficient grounds to refuse approval of the agreement. Consequently, the court approved the enterprise agreement, allowing it to take effect from the specified date.

The court ordered that the HCR Australia Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 be approved and registered under section 230 of the Fair Work Act 2009. The agreement was to be effective from the date of the court's approval, and both parties were required to abide by its terms and conditions.

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