DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5237)

DRAC MECHANICAL PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 3 OCTOBER 2018

Application for approval of the Drac Mechanical 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 Drac Mechanical 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 10 October 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 case before the Fair Work Commission involved an application for the approval of the Drac Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The applicant was the CEPU - Plumbing Division Victorian Branch, and the respondent was Drac Mechanical Pty Ltd. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the court needed to decide included whether the agreement complied with the requirements set out in the Fair Work Act, particularly the provisions regarding good faith bargaining, and whether the agreement was in the best interests of the employees. The court had to assess if the agreement had been genuinely negotiated and if it provided fair and reasonable terms for the employees involved.

In its reasoning, the court examined the negotiation process and found that the agreement had been genuinely negotiated in good faith. The court also considered the provisions of the agreement, including the wages, hours of work, and other conditions of employment. The court determined that the agreement provided fair and reasonable terms for the employees and was in their best interests. Consequently, the court approved the enterprise agreement, finding it to be compliant with the statutory requirements.

As a result of the court's decision, the Drac Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 was approved and registered under the Fair Work Act. The final orders included the formal approval of the agreement and its registration with the Fair Work 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