DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2050)

SYNERGY ACCESS SOLUTIONS 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 Synergy Access Solutions 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 Synergy Access Solutions 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Synergy Access Solutions Pty Ltd (the Employer). The dispute revolves around the approval of an enterprise agreement between the Union and the Employer's Victorian Branch, specifically the Enterprise Agreement 2016-2019. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The Union applied for the approval of the agreement, which the Employer contested on various grounds, including the fairness and compliance with legislative requirements.

The central legal issues that the Commission had to address included whether the agreement was fairly negotiated, whether it complied with the relevant legislative provisions, and whether it met the criteria for approval under the Fair Work Act 2009. The Commission needed to ensure that the agreement did not disadvantage employees and that it was consistent with the principles of the National Workplace Relations System. Additionally, the Commission had to consider whether the agreement contained provisions that were contrary to public policy or that failed to provide adequate protections for employees.

In its decision, the Commission examined the negotiation process and found that the agreement was indeed fairly negotiated between the parties. It assessed the compliance of the agreement with the legislative framework and determined that it did not contain any provisions that were contrary to public policy or inadequate in protecting employees. The Commission concluded that the agreement met the criteria for approval under the Fair Work Act, and therefore, granted the Union's application for approval. The decision emphasised the importance of ensuring fair and equitable workplace agreements that balance the interests of both employers and employees.

The Fair Work Commission approved the Enterprise Agreement 2016-2019 between the Union and the Employer's Victorian Branch. This approval signifies that the agreement complies with the legislative requirements and is fair to the employees involved. The Commission's decision highlights the importance of adhering to the principles of the National Workplace Relations System and the need for workplace agreements to provide adequate protections for employees.

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