DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/746)

CHANCELLOR & BENDLE PTY LTD AND CPEU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 APRIL 2018

Application for approval of the Chancellor & Bendle Pty Ltd and CPEU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Chancellor & Bendle Pty Ltd and CPEU - 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the Chancellor & Bendle Pty Ltd and CPEU – Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The union, acting on behalf of its members, applied for the court's endorsement of the agreement, which outlined the terms and conditions of employment for workers within the plumbing division of the specified companies. The dispute centred around the fairness and reasonableness of the proposed agreement, with the union asserting that the terms were equitable and reflective of the needs and interests of the employees.

The legal issues at hand required the court to determine whether the terms of the enterprise agreement were fair and reasonable in all aspects. This included assessing the agreement's provisions on wages, working conditions, dispute resolution mechanisms, and other employment-related matters. The court needed to consider whether the agreement met the statutory criteria for approval, as outlined in the relevant federal workplace relations legislation. The union argued that the agreement was fair and reasonable, while no opposing party contested the application.

The court, after reviewing the application and the evidence presented, found the enterprise agreement to be fair and reasonable in all respects. The agreement was considered to be reflective of the needs of both the employees and the employers, and provided a balanced approach to the terms and conditions of employment. The court was satisfied that the agreement met the statutory criteria for approval, and therefore, granted the union's application for endorsement. The agreement was thus approved, allowing it to take effect and govern the employment relationship between the parties 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