DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1775)

V.I.C. INSULATION (VIC) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 29 MAY 2018

Application for approval of the V.I.C. Insulation (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the V.I.C. Insulation (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 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

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and V.I.C. Insulation (Vic) Pty Ltd (the Employer). The dispute centred around the approval of the Lagging Enterprise Agreement 2015 - 2019 between the Union and the Employer. The Fair Work Commission (the Commission) was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive fairness requirements set out in the Fair Work Act. The Union argued that the agreement was fair and just, while the Employer contended that the agreement did not meet the necessary standards. The Commission needed to consider whether the agreement was made in good faith and whether it provided for the proper resolution of workplace issues.

The Commission determined that the agreement was made in good faith and that it contained provisions that addressed the essential terms of employment, including wages, hours of work, and other conditions of employment. The Commission noted that the agreement included provisions for the resolution of workplace issues through a dispute resolution process, which was a key requirement for approval under the Fair Work Act. The Commission found that the agreement met the necessary standards for approval and made the appropriate orders to approve the agreement. The Employer and the Union were required to take steps to give effect to the approved agreement, including implementing the agreed terms and conditions of employment.

The Commission's decision highlights the importance of ensuring that enterprise agreements meet the necessary procedural and substantive fairness requirements. Employers and unions must ensure that any agreement reached is made in good faith and that it provides for the proper resolution of workplace issues. The Commission's decision also underscores the importance of providing for a dispute resolution process in any enterprise agreement, as this is a key requirement for approval under the Fair Work Act.

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