DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/485)

ALLPRO SYNERGY PTY LTD AND CEPU - PLUMBING DIVISION VICTORIA BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 APRIL 2018

Application for approval of the Allpro Synergy Pty Ltd and CEPU - Plumbing Division Victoria Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Allpro Synergy Pty Ltd and CEPU - Plumbing Division Victoria 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 matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and Allpro Synergy Pty Ltd (the Respondent). The dispute centred on the terms and conditions of employment outlined in the proposed agreement for the period of 2016 to 2019. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement contained the mandatory terms as required by the Act, and whether it was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement was procedurally sound, ensuring that the necessary consultation processes were followed, and that the agreement was fair and reasonable in the context of the industry and the bargaining positions of the parties.

The Commission found that the agreement contained all the mandatory terms prescribed by the Fair Work Act. It was determined that the agreement was made in good faith and without any element of coercion. Furthermore, the Commission was satisfied that the required consultation processes were adhered to, and that the agreement was fair and reasonable. The Commission took into account the complexities of the industry, the bargaining positions of the parties, and the broader economic context in reaching its decision. Consequently, the Commission approved the enterprise agreement, noting the benefits it provided to both the employees and the employer.

In conclusion, the Fair Work Commission approved the Allpro Synergy Pty Ltd and CEPU - Plumbing Division Victoria Branch Enterprise Agreement 2016 - 2019, recognising the agreement as meeting the legal requirements and being in the best interests of the employees and the employer. The Commission's decision provided certainty and stability in the workplace, allowing the parties to focus on their respective roles and responsibilities within the agreed 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