Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Case [2018] FWCA 3054


[2018] FWCA 3054
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1496)

MILLENIUM STEEL ROOFING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 -2019

Plumbing industry

COMMISSIONER GREGORY

MELBOURNE, 29 MAY 2018

Application for approval of the Millenium Steel Roofing 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 Millenium Steel Roofing 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 5 June 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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<AE428554  PR607536>

Annexure A

Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2018] FWCA 3054
Case
[2018] FWCA 3054
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Millenium Steel Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, was the applicant and sought approval for the agreement between the employer and the union on behalf of the employees. The legal issues that the commission was required to decide included whether the agreement met the requirements of section 231 of the Fair Work Act 2009, whether the agreement provided for the employees' minimum entitlements, and whether the agreement was made in good faith and without coercion.

The commission found that the agreement met the requirements of section 231 of the Act, including the provisions for minimum wages and conditions, and that the agreement was made in good faith and without coercion. The commission also found that the agreement provided for the employees' minimum entitlements and that the agreement was not contrary to public interest. The commission noted that the agreement included provisions for wage increases, improved leave entitlements, and dispute resolution mechanisms, which were beneficial to the employees. The commission was satisfied that the agreement was fair and reasonable and approved the application for the agreement's registration. As a result, the agreement will now be legally binding on the employer and the employees for the period of 2016-2019.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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