DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1792)

FRONTLINE HUMAN RESOURCES AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LABOUR HIRE ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 29 MAY 2018

Application for approval of the Frontline Human Resources and CEPU - Plumbing Division Victorian Branch Labour Hire Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Frontline Human Resources and CEPU - Plumbing Division Victorian Branch Labour Hire 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Frontline Human Resources and CEPU - Plumbing Division Victorian Branch Labour Hire Enterprise Agreement 2016 - 2019. The dispute centred on the provisions of the proposed agreement and whether they complied with the relevant legislative framework, particularly in relation to the negotiation process and the content of the agreement. The Commission was tasked with determining whether the agreement met the necessary standards and whether it should be approved.

The legal issues before the Commission included whether the agreement had been fairly and genuinely negotiated, whether it contained terms that were consistent with the applicable minimum standards, and whether the agreement was in the best interests of the employees it covered. The Commission also considered whether the agreement complied with the procedural requirements set out in the Fair Work Act 2009, including the need for a good faith negotiation process. Furthermore, the Commission examined the fairness and reasonableness of the agreement's terms and conditions, ensuring they did not unjustifiably harm the employees' interests.

The Commission found that the agreement had been negotiated in good faith and that the process complied with the procedural requirements of the Fair Work Act. It was determined that the terms of the agreement were fair and reasonable, providing adequate protections for the employees and meeting the minimum standards prescribed by law. The Commission was satisfied that the agreement was in the best interests of the employees and would provide them with appropriate protections and benefits. Based on these findings, the Commission approved the Frontline Human Resources and CEPU - Plumbing Division Victorian Branch Labour Hire Enterprise Agreement 2016 - 2019.

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