DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1075)

VICPLUMB PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 4 MAY 2018

Application for approval of the Vicplumb Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Vicplumb Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 4 May 2018 and, in accordance with s.54, will operate from 11 May 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, along with the CEPU - Plumbing Division (Vic), made an application for the approval of the Vicplumb Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The dispute centered on whether the terms of the agreement were fair and reasonable, particularly in relation to the wage rates and conditions for employees. The Fair Work Commission was tasked with reviewing the agreement to ensure compliance with the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval. This included assessing if the agreement was genuinely an agreement between employers and employees, and whether it provided for fair and reasonable wages and conditions. The Commission also needed to determine if the agreement was consistent with the national system for the resolution of industrial matters. The fairness of the agreement in terms of its impact on employees and the balance of power between the parties was another key consideration.

In reaching its decision, the Commission examined the detailed provisions of the agreement, the bargaining processes that led to its creation, and the context in which it was negotiated. The Commission noted that the agreement included provisions for wage increases and other benefits that were considered fair and reasonable. It also found that the agreement was genuinely negotiated and reflected a fair balance of power between the parties. Consequently, the Commission approved the agreement, finding it to be consistent with the principles of the Fair Work Act.

The Commission ordered that the Vicplumb Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 be approved and registered. This decision allowed the agreement to take effect, providing a framework for the employment conditions of the workers involved for the specified period.

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