DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2475)

EYMAC AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 1 AUGUST 2018

Application for approval of the Eymac and CEPU - Plumbing Division (Vic) Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Eymac and CEPU - Plumbing Division (Vic) 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 8 August 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application for the approval of the Eymac and CEPU - Plumbing Division (Vic) Enterprise Agreement 2016 - 2019. The application was opposed by the employer, Eymac, which raised objections concerning the provisions of the agreement that it claimed were inconsistent with the Fair Work Act 2009. The central dispute centred around several clauses in the proposed agreement, including those related to penalty rates, shift allowances, and the definition of "shift".

The court had to decide whether the contested provisions of the enterprise agreement were consistent with the requirements of the Fair Work Act, which mandates that an agreement must not include provisions that are inconsistent with the provisions of the Act. In particular, the court needed to examine whether the penalty rates and shift allowances were fair and reasonable, and whether the definition of "shift" was consistent with the principles of the Act. The court also had to consider whether the provisions of the agreement provided for a fair and reasonable balance between the interests of the employer and the employees.

The court found that the contested provisions of the enterprise agreement were consistent with the requirements of the Fair Work Act. The court held that the penalty rates and shift allowances were fair and reasonable, and that the definition of "shift" was consistent with the principles of the Act. The court also found that the provisions of the agreement provided for a fair and reasonable balance between the interests of the employer and the employees. The court approved the enterprise agreement, and the employer was directed to implement the agreement.

The court's decision was that the application for approval of the enterprise agreement was granted, and the agreement was approved in its entirety. The employer was directed to implement the agreement in accordance with the terms of the agreement, and to give written notice to the employees of the approval of the agreement. The decision was binding on the parties and could not be appealed.

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