DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1013)

COMMERCIAL POOL SYSTEMS (CONSTRUCTION) 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 Commercial Pool Systems (Construction) 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 Commercial Pool Systems (Construction) 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 an application for the approval of the Commercial Pool Systems (Construction) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The dispute arose over the terms of the proposed enterprise agreement and whether it complied with the relevant legislative framework. The Fair Work Commission was tasked with determining if the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues centred on whether the agreement was genuinely bargained, if it complied with the provisions of the Fair Work Act, and whether it met the standard conditions of employment. The application raised questions about the agreement's provisions concerning wages, working conditions, and dispute resolution mechanisms. The court had to scrutinise the agreement to ensure that it was fair and balanced, and did not undermine the rights of employees.

The Fair Work Commission found that the agreement was genuinely bargained and met the criteria for approval. The Commission concluded that the agreement complied with the Fair Work Act and did not contravene any provisions. The agreement's terms were deemed to be fair and balanced, and it provided for adequate dispute resolution mechanisms. The Commission was satisfied that the agreement would not undermine the rights of employees and would promote the interests of both employers and employees.

The Fair Work Commission approved the Commercial Pool Systems (Construction) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The approval was granted on the basis that the agreement met the necessary requirements under the Fair Work Act and did not contravene any provisions. The Commission's decision confirmed the validity of the agreement and its terms.

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