DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2063)

TRI SUMMIT SERVICES 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 Tri Summit Services 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 Tri Summit Services 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 matter before the Fair Work Commission involved an application for the approval of the Tri Summit Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019. The applicant union sought the Commission's approval under section 232 of the Fair Work Act 2009. The applicant contended that the agreement was in the public interest, and the employer confirmed that it had no objections. The primary concern was whether the agreement met the statutory requirements for approval.

The legal issues centred on whether the agreement provided adequate protections and benefits to employees, including those who were not members of the union. The Commission examined the agreement to ensure it complied with the Fair Work Act and did not unfairly disadvantage any employees. It also considered whether the agreement was consistent with the broader objectives of the Act, such as promoting workplace harmony and facilitating a cooperative relationship between employers and employees.

In reaching its decision, the Commission noted the provisions of the agreement and the submissions from both parties. It found that the agreement included provisions for minimum wages, penalty rates, and other conditions of employment that were consistent with the Fair Work Act. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions for employees, including those who were not union members. It also concluded that the agreement would not have an adverse effect on the broader labour market or economic conditions.

The Fair Work Commission approved the Tri Summit Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019. The Commission found that the agreement met the statutory requirements for approval and did not unfairly disadvantage any employees. The Commission's approval ensures that the agreement will remain in effect for the specified period, subject to any further orders or directions from the Commission.

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