DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1516)

OFINAC ACOUSTICAL ENGINEERS PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2018 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 29 MAY 2018

Application for approval of the Ofinac Acoustical Engineers Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ofinac Acoustical Engineers Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018 - 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case concerning the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the court was presented with an application for the approval of the Ofinac Acoustical Engineers Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018-2019. The Union sought to have the enterprise agreement approved under the Fair Work Act 2009, which requires the Fair Work Commission to assess whether the agreement meets certain criteria, including that it is free from coercion, duress and undue influence, and that it provides for a genuine enterprise bargaining process.

The primary legal issue the court needed to address was whether the agreement had been genuinely negotiated and whether it adhered to the statutory requirements for approval. This involved scrutiny of the bargaining process, the terms and conditions of the agreement, and compliance with the provisions of the Fair Work Act. The Union argued that the agreement had been fairly negotiated and that it satisfied all necessary conditions for approval. Conversely, there were concerns raised about the fairness of the bargaining process and the adequacy of the terms.

The court, in assessing the matter, examined the evidence presented regarding the negotiation process and the contents of the agreement. It considered whether there had been any coercion or undue influence that might have impacted the bargaining process. The court also reviewed the terms of the agreement to ensure they were reasonable and in line with the statutory criteria. Ultimately, the court found that the agreement had been genuinely negotiated and that it met the requirements for approval under the Fair Work Act.

In conclusion, the court approved the Ofinac Acoustical Engineers Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018-2019. The decision was based on the court's determination that the agreement had been fairly negotiated and that it complied with the statutory criteria set out in the Fair Work Act. This ruling ensures that the terms and conditions of the agreement are now legally enforceable, providing clarity and certainty for the parties involved.

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