DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/835)

WAIMAMAKU VIC PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 APRIL 2018

Application for approval of the Waimamaku Vic 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 Waimamaku Vic 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. 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 27 April 2018 and, in accordance with s.54, will operate from 4 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

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by Waimamaku Vic Pty Ltd, and Waimamaku Vic Pty Ltd itself. The union sought approval of the Enterprise Agreement between the union and the employer for the period 2016 to 2019. The central dispute centred on whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning its provisions on pay rates, conditions, and other employment terms.

The court was tasked with examining whether the agreement was a "better off overall test" (BOOT) agreement, ensuring that the employees would be no worse off financially and better off overall in terms of their conditions. The court also needed to consider if the agreement complied with the "protected action" provisions, which safeguard employees' rights to take industrial action in certain circumstances. Additionally, the court had to assess whether the agreement included all the mandatory terms set out in the Fair Work Act, such as those relating to minimum wage rates, penalty rates, leave entitlements, and dispute resolution mechanisms.

In its reasoning, the court found that the agreement met the BOOT criteria and was in compliance with the protected action provisions. The court noted that the agreement provided for adequate pay rates and conditions that were at least equivalent to the relevant awards, thus satisfying the statutory requirements. The court also confirmed that the agreement contained all the mandatory terms stipulated by the Act. Consequently, the court approved the Enterprise Agreement, finding it to be fair and reasonable in all respects.

The final orders of the court were to approve the Waimamaku Vic Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019, deeming it compliant with the Fair Work Act 2009. The agreement was thus authorised to take effect from the date of the decision.

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