DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2136)

ADEPT DRAINAGE PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH PLUMBING/DRAINAGE ENTERPRISE AGREEMENT 2017 - 2020

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 25 MAY 2018

Application for approval of the Adept Drainage Pty Ltd and CEPU - Plumbing Division Victorian Branch Plumbing/Drainage Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Adept Drainage Pty Ltd and CEPU - Plumbing Division Victorian Branch Plumbing/Drainage Enterprise Agreement 2017 - 2020 (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 1 June 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Adept Drainage Pty Ltd. The dispute centred around the approval of the Adept Drainage Pty Ltd and CEPU – Plumbing Division Victorian Branch Plumbing/Drainage Enterprise Agreement 2017 - 2020. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees and whether it complied with the Fair Work Act’s provisions. This involved assessing the agreement's provisions on terms and conditions of employment, including wages, hours of work, and other entitlements.

The court examined the submissions from both parties, taking into account the evidence provided regarding the negotiation process, the agreement's content, and its potential impact on the employees. The court found that the agreement was fair and reasonable, meeting all statutory requirements. It noted the good-faith negotiations and the benefits offered to the employees, such as wage increases and improved working conditions. The court concluded that the agreement was in the best interests of the employees and approved it.

The Fair Work Commission ordered the approval of the Adept Drainage Pty Ltd and CEPU – Plumbing Division Victorian Branch Plumbing/Drainage Enterprise Agreement 2017 - 2020. This decision affirmed the agreement as legally binding, effective from the date of approval, and enforceable 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