DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6114)

WASTECH SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Wastech Services Pty Ltd 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 Wastech Services Pty Ltd 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] 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 22 November 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 union and the employer in the plumbing industry filed an application for the approval of an enterprise agreement under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission. The main legal issue the Commission had to decide was whether the agreement met the requirements of section 231 of the Fair Work Act, including whether it contained the necessary provisions for employee protection and if it was free from any unfair content.

The Commission examined the agreement's provisions to determine if they complied with the Act. It considered whether the agreement included essential terms such as minimum wages, penalty rates, and leave entitlements, as well as provisions for dispute resolution and protection against adverse action. The Commission also assessed whether the agreement contained any provisions that could be considered unfair under section 232 of the Act. The Commission found that the agreement was compliant with the statutory requirements and did not contain any unfair content. Consequently, the agreement was approved.

The Fair Work Commission approved the enterprise agreement, confirming its compliance with the statutory requirements and the absence of any unfair content. The Commission's decision was based on a thorough examination of the agreement's provisions and their alignment with the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for employees in the plumbing industry are governed by a legally binding and fair enterprise agreement.

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