DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/2676)

PO INSULATION PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 16 AUGUST 2017

Application for approval of the PO Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the PO Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging 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] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 23 August 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and PO Insulation Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the PO Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019. The dispute arose from objections raised by some employees and the Union's subsequent amendments to the agreement, which led to a need for the Commission to review and approve the agreement.

The primary legal issue before the Court was whether the amended enterprise agreement met the requirements of the Fair Work Act 2009, including whether it was fairly negotiated and if it contained provisions that were not contrary to public policy or unfair. The Court needed to determine if the amendments to the agreement addressed the objections raised and whether the agreement as a whole complied with the statutory requirements for approval.

In delivering the decision, the Fair Work Commission examined the process by which the agreement was negotiated and amended, as well as the content of the agreement itself. The Commission found that the amendments made to the agreement successfully addressed the objections raised, and that the agreement contained no provisions that were contrary to public policy or unfair. The Commission concluded that the amended agreement was fairly negotiated and met the requirements of the Act, thus granting approval of the enterprise agreement. The Fair Work Commission ordered the approval of the PO Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019, as amended.

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