DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1061)

VICPLUMB 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 Vicplumb 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 Vicplumb 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Vicplumb Pty Ltd (the Employer). The dispute centred around the application for the approval of the Vicplumb Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The matter was heard in the Fair Work Commission. The primary legal issues the court was required to decide were whether the Enterprise Agreement complied with the Fair Work Act 2009, and if it was free from any unfair content. The Union argued that the agreement was fair and met all legislative requirements, while the Employer contended that certain provisions were unfair and should not be approved.

The Fair Work Commission considered the arguments presented by both parties and examined the Enterprise Agreement in detail. The court found that while the Enterprise Agreement contained provisions that were beneficial to the employees, some aspects were indeed unfair. The court noted that the agreement did not adequately address issues such as casual loading, shift penalties, and rostered days off. Furthermore, the court was concerned that certain provisions may have the potential to undermine the rights of employees. Despite the identified shortcomings, the court found that the overall purpose of the agreement was to improve the working conditions and rights of the employees, and that the benefits outweighed the shortcomings. The court ultimately approved the Enterprise Agreement with modifications to address the identified issues.

The Fair Work Commission ordered that the Vicplumb Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 be approved, subject to the modifications made by the court. The modifications included the removal of certain provisions deemed unfair and the addition of new clauses to address the issues related to casual loading, shift penalties, and rostered days off. The court also ordered that the modified agreement be registered with the Fair Work Commission. The court's decision in this case highlights the importance of ensuring that Enterprise Agreements comply with the Fair Work Act 2009 and are free from any unfair content, while also balancing the rights and interests of both employers and employees.

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