DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5664)

HCR MECH SERVICES AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER MCKINNON	MELBOURNE, 14 DECEMBER 2017

Application for approval of the HCR Mech 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 HCR Mech 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and HCR Mech Services Pty Ltd. The dispute centred on the application for approval of the HCR Mech Services and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The matter was heard in the Fair Work Commission, Australia's independent statutory body that makes and enforces Australia's workplace laws.

The legal issues that the Fair Work Commission had to decide included whether the enterprise agreement was in the public interest and whether it met the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, hours of work, leave entitlements, and other benefits. The Commission also had to consider whether the agreement provided for a fair and reasonable process for resolving disputes between employees and employers.

The Fair Work Commission found that the enterprise agreement met the requirements of the Fair Work Act 2009 and was in the public interest. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, hours of work, leave entitlements, and other benefits. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between employees and employers. The Commission approved the enterprise agreement, and it came into effect on 1 April 2016.

The Fair Work Commission's decision provides important guidance for employers and employees in the plumbing industry in Victoria. The Commission's approval of the enterprise agreement ensures that employees in the industry are provided with fair and reasonable terms and conditions of employment, while also providing employers with the flexibility they need to operate their businesses effectively. The decision also provides a model for the negotiation and approval of enterprise agreements in other industries and sectors.

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