DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3253)

ULTIMATE AIRCONDITIONING (AUST) AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 9 AUGUST 2018

Application for approval of the Ultimate Airconditioning (Aust) 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 Ultimate Airconditioning (Aust) 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] 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 16 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, represented by the CEPU - Plumbing Division Victorian Branch, brought an application for the approval of the Enterprise Agreement 2016 - 2019 with Ultimate Airconditioning (Aust). The application was heard in the Fair Work Commission, where the main dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009. The court had to determine if the agreement was a genuine enterprise agreement and if it contained the essential minimum terms as stipulated by the legislation.

The primary legal issues revolved around the validity of the agreement, its compliance with the statutory provisions, and whether it was genuinely negotiated between the parties. The court examined if the agreement contained the minimum terms prescribed by the Fair Work Act, and if it was made in good faith. Additionally, the court needed to consider whether the agreement was made by representatives of the employees and the employer, and if it was properly certified by the Commission.

The Fair Work Commission found that the agreement was a genuine enterprise agreement, containing all the necessary minimum terms. The court considered the submissions from both parties and the evidence presented, concluding that the agreement was made in good faith and met all the statutory requirements. The court was satisfied that the agreement was appropriately negotiated and certified, thus upholding its validity. Consequently, the application for approval was successful.

As a result of the court's decision, the Enterprise Agreement 2016 - 2019 between the CEPU - Plumbing Division Victorian Branch and Ultimate Airconditioning (Aust) was approved and registered with the Fair Work Commission. This agreement now governs the employment conditions of the relevant employees, providing a framework for their wages, hours, and other terms and conditions of employment for the specified period.

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