DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6582)

ROBERTSON PLUMBING & GAS PTY LTD TRADING AS ROBERTSON CIVIL SERVICES AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 MARCH 2018

Application for approval of the Robertson Plumbing & Gas Pty Ltd Trading As Robertson Civil Services 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 Robertson Plumbing & Gas Pty Ltd Trading As Robertson Civil Services 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). 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 CEPU 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 22 March 2018 and, in accordance with s.54, will operate from 29 March 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 dispute in this matter involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU Plumbing Division, for the approval of an enterprise agreement between Robertson Plumbing & Gas Pty Ltd, trading as Robertson Civil Services, and the CEPU Plumbing Division Victorian Branch. The application was heard by the Fair Work Commission. The central legal issue before the Commission was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009, specifically whether it facilitated, promoted or improved the efficiency of the workplace or workplaces to which it applied. Additionally, the Commission needed to determine if the agreement included appropriate provisions for minimum rates of pay, overtime, penalty rates, leave and other general conditions of employment, as required by the Act.

The Commission found that the enterprise agreement did indeed facilitate, promote or improve the efficiency of the workplace. This was evidenced by provisions that allowed for greater flexibility in work arrangements, which the Commission considered to be in the best interests of both the employees and the employer. The agreement also included appropriate provisions for minimum rates of pay, overtime, penalty rates, leave, and other general conditions of employment, as required by the Act. The Commission was satisfied that the agreement was fair and balanced, and that it would not have an adverse effect on the employees covered by the agreement. The application was subsequently approved.

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