DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5695)

WORKPLACE ACCESS AND SAFETY AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER SAUNDERS	NEWCASTLE, 27 NOVEMBER 2018

Application for approval of the Workplace Access and Safety and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Workplace Access and Safety and CEPU - Plumbing Division Victorian Branch 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 (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2018. 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 decision in this matter concerns the application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for the approval of the Workplace Access and Safety and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (the Agreement). The Applicant sought to have the Agreement approved under section 233 of the Fair Work Act 2009, as a registered bargaining agreement. The Applicant is a registered organisation within the meaning of the Act, and is the employer’s bargaining representative. The employer is not a party to this case.

The Court was required to consider whether the Agreement was a “registered bargaining agreement” within the meaning of section 173 of the Fair Work Act. The Court was required to determine this by considering whether the Agreement was a “good faith” agreement, as defined in section 174 of the Act. This requires the Court to consider whether the Agreement was made in good faith in the circumstances of the case. The Court was required to consider the criteria set out in section 175 of the Act, which includes the requirement that the Agreement is a “single, integrated document” and contains certain minimum terms and conditions of employment.

The Court found that the Agreement was made in good faith and was a “single, integrated document” as required by the Act. The Court found that the Agreement contained all the minimum terms and conditions of employment as required by the Act. The Court found that the Agreement was a “good faith” agreement within the meaning of the Act. The Court approved the Agreement as a registered bargaining agreement.

The Court approved the Agreement as a registered bargaining agreement. The Court made an order that the Agreement be registered as a registered bargaining agreement under section 233 of the Fair Work Act. The Court made an order that the Applicant be paid its costs of the application.

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