DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3102)

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

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 13 AUGUST 2018

Application for approval of the Gaffco 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 Gaffco 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 20 August 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 involved an application for approval of the Gaffco Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The Fair Work Commission (FWC) was asked to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the employer, Gaffco Pty Ltd, sought the court's approval of the agreement.

The primary legal issue before the FWC was whether the enterprise agreement met the requirements for registration under section 231 of the Fair Work Act. Specifically, the FWC needed to assess whether the agreement was a "genuine" enterprise agreement and whether it contained the necessary "protected action" provisions. The court also had to consider whether the agreement complied with the "better off overall test" (BOOT) as mandated by section 186 of the Act.

The FWC determined that the agreement was genuine and contained the necessary protected action provisions. The union and employer had demonstrated a good faith negotiation process and provided evidence of the agreement's benefits to the employees. The FWC further found that the agreement complied with the BOOT by ensuring that the employees were not worse off financially and, in some cases, were better off overall. Consequently, the FWC approved the application for the registration of the enterprise agreement.

The FWC approved the Gaffco Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019, ensuring its registration under the Fair Work Act. The union and employer could now implement the agreement, providing certainty and stability to the employees covered by the 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