DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/2469)

EXPERT ROOFING SERVICES AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 7 JULY 2017

Application for approval of the Expert Roofing Services 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 Expert Roofing Services 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] 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 14 July 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 case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and the CEPU - Plumbing Division Victorian Branch (the Branch). The dispute centred around the application for the approval of the Enterprise Agreement between the Union and the Branch for the period 2015 to 2019. The case was heard in the Fair Work Commission of Australia. The legal issues before the Court were whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for genuine bargaining and whether the agreement was in the best interests of the employees covered by the agreement.

The Court examined the evidence presented by both parties, including the process of bargaining, the terms of the agreement, and the potential impact on employees. The Court found that the Union and the Branch had genuinely bargained for the agreement and that the agreement was in the best interests of the employees. The Court was satisfied that the agreement met the requirements of the Fair Work Act and approved the Enterprise Agreement. The Court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other employment-related matters.

The Fair Work Commission approved the Enterprise Agreement between the Union and the Branch, effective from 1 July 2015 to 30 June 2019. The Court's decision provides clarity and certainty for both the Union and the Branch, as well as the employees covered by the agreement. The approval of the Enterprise Agreement ensures that the parties can continue to work together in a fair and productive manner, with the best interests of the employees at the forefront of the 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