DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/422)

CROFT CONTRACTING AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 APRIL 2018

Application for approval of the Croft Contracting 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 Croft Contracting 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 20 April 2018 and, in accordance with s.54, will operate from 27 April 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 case involves an application for approval of the Croft Contracting and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The parties to the dispute are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Croft Contracting Pty Ltd. The application was brought before the Fair Work Commission, which is tasked with resolving disputes related to the Fair Work Act 2009.

The central legal issue the court had to decide was whether the enterprise agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement contained the necessary provisions, was free from prohibited content, and did not have any significant detrimental effects on employees or employers. Furthermore, the court needed to determine if the agreement was made in good faith and whether the prescribed process for making the agreement was followed.

The Fair Work Commission examined the agreement's provisions and found that it met the criteria for approval. The court held that the agreement contained all the necessary provisions, was free from prohibited content, and did not have any significant detrimental effects. Moreover, the commission found that the agreement was made in good faith and that the prescribed process for making the agreement was followed. As such, the application for approval of the Croft Contracting and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 was approved.

The Fair Work Commission approved the application and authorised the enterprise agreement to be in effect from the date of the decision. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement 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