DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/2663)

NORTHSIDE FIRE PROTECTION AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 27 JULY 2017

Application for approval of the Northside Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Northside Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 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 3 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

The parties involved in the dispute were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and various employers within the plumbing industry in Victoria. The central issue before the court was the approval of the Northside Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. This agreement sought to establish terms and conditions for employees working in the plumbing sector, including wages, hours of work, and other employment-related matters.

The court was tasked with determining whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 and whether it complied with the criteria for a modern award. This involved assessing whether the agreement was free from prohibited content, was genuinely negotiated, and provided a safety net for employees. The court also considered whether the agreement would provide for efficient, productive, and flexible workplaces, as well as whether it was in the public interest.

In its decision, the court found that the proposed agreement was consistent with the statutory requirements and criteria for a modern award. The court was satisfied that the agreement contained no prohibited content, was genuinely negotiated, and provided an adequate safety net for employees. The court further determined that the agreement would contribute to efficient, productive, and flexible workplaces and was in the public interest. Consequently, the court approved the Northside Fire Protection and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.

As a result of the court's decision, the agreement was approved and will serve as a modern award for employees in the plumbing industry in Victoria from the date of the decision until the agreement expires in 2019. The terms and conditions outlined in the agreement will govern the employment relationship between employers and employees in this sector, providing a framework for wages, hours of work, and other employment-related matters.

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