DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6120)

SELWOOD PLUMBING AND SPECIALTY GASES AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2018 - 2019

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Selwood Plumbing and Specialty Gases and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Selwood Plumbing and Specialty Gases and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018 - 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 matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and the Selwood Plumbing and Specialty Gases Pty Ltd (the "Employer"). The dispute was regarding the approval of the Enterprise Agreement between the Union and the Employer for the years 2018 to 2019. The case was heard in the Fair Work Commission.

The key legal issues before the Commission were whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009, including provisions relating to minimum wages and other employment conditions. The Union argued that the agreement was fair and reasonable, while the Employer contended that certain terms were unfair and should not be approved.

The Commission examined the agreement clause by clause, considering the bargaining power of the parties, the nature of the industry, and the overall fairness of the agreement. The Commission found that the majority of the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. However, the Commission made some minor amendments to certain clauses to ensure compliance with the Fair Work Act. Ultimately, the Commission approved the agreement with these modifications.

The Fair Work Commission approved the Selwood Plumbing and Specialty Gases and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018 - 2019 with minor amendments to ensure compliance with the Fair Work Act. The Union and the Employer are bound by the terms of the agreement as modified by the Commission.

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