DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2049)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JUNE 2018

Application for approval of the Vicsar Installations 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 Vicsar Installations 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] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 June 2018 and, in accordance with s.54, will operate from 11 June 2018. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between Vicsar Installations Pty Ltd and the CEPU - Plumbing Division Victorian Branch. The agreement, covering the period from 2016 to 2019, was brought before the Commission for its consideration and endorsement under the Fair Work Act 2009. The central issue at hand was whether the agreement met all the legal requirements for approval as stipulated by the Act, including compliance with the good faith bargaining provisions and the public interest test.

The Commission carefully examined the agreement to determine if it was made in good faith, if it adhered to the procedural fairness principles, and if it was in the public interest. Particular attention was given to the bargaining process, the provisions of the agreement itself, and the impact of the agreement on the parties involved and the broader community. The Commission assessed whether the agreement provided fair and reasonable terms for the employees and if it met the standards expected under Australian labour law.

After thorough deliberation, the Fair Work Commission found that the agreement was made in good faith and complied with all procedural requirements. The Commission concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Additionally, the Commission was satisfied that the agreement was in the public interest, as it provided for a stable and productive workplace. Consequently, the Commission approved the Vicsar Installations Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019, endorsing it for implementation.

The final order of the Commission was that the enterprise agreement be approved and registered, effective from the date of the decision. The approval ensures that the terms and conditions outlined in the agreement are legally binding on both parties, providing a framework for their industrial relations 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