DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5209)

CLOSE COMMERCIAL SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Close Commercial Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Close Commercial Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 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. 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.

[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 was approved on 1 December 2017 and, in accordance with s.54, will operate from 8 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 applicants, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU - Plumbing Division Victorian Branch, sought approval of the Close Commercial Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 from the Fair Work Commission. The respondents, Close Commercial Services Pty Ltd and the Australian Building and Construction Commission, objected to the application on various grounds. The matter was heard in the Fair Work Commission, with the primary focus being whether the enterprise agreement met the necessary requirements for approval.

The primary legal issues revolved around whether the enterprise agreement complied with the Fair Work Act 2009, particularly concerning the provisions for minimum wages, penalty rates, and other terms and conditions of employment. The respondents argued that the agreement failed to meet several criteria, including the requirement that it provide for the fair and reasonable terms and conditions of employment, and that it did not adequately address the issue of penalty rates. The applicants contended that the agreement was fair and reasonable and complied with all necessary legal requirements.

The Fair Work Commission examined the agreement in detail, considering the evidence and arguments presented by both parties. The Commission found that while some aspects of the agreement were contentious, the overall terms and conditions provided were fair and reasonable. The Commission determined that the agreement met the necessary statutory criteria for approval, despite the respondents' objections. The Commission emphasised the importance of the agreement in providing for the fair and reasonable terms and conditions of employment, and it approved the enterprise agreement.

The Fair Work Commission approved the Close Commercial Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, finding it to be fair and reasonable and in compliance with the Fair Work Act 2009. The Commission's decision was based on a comprehensive analysis of the agreement's terms and conditions, taking into account the evidence and arguments from both parties. The approval of the enterprise agreement ensures that the terms and conditions of employment for the relevant employees are governed by a fair and legally compliant agreement.

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