DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/2238)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 28 JUNE 2017

Application for approval of the Elements 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 Elements 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 5 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 case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for approval of the Elements Insulation Pty Ltd and CEPU – Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 – 2019. The application was brought before the Fair Work Commission, which is the Australian federal workplace relations tribunal. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement provided for the proper operation of the enterprise and whether it facilitated the achievement of improved productivity, efficiency and profitability.

The court was required to consider several legal issues, including whether the agreement provided for the proper operation of the enterprise, whether it facilitated the achievement of improved productivity, efficiency and profitability, and whether it was consistent with the Fair Work Act and the Fair Work Regulations 2009. The court also had to consider whether the agreement provided for proper mechanisms for dispute resolution and whether it provided for appropriate protections for employees.

The Fair Work Commission found that the agreement met the criteria for approval under the Fair Work Act. The agreement provided for the proper operation of the enterprise and facilitated the achievement of improved productivity, efficiency and profitability. The agreement also provided for appropriate mechanisms for dispute resolution and provided for appropriate protections for employees. The agreement was consistent with the Fair Work Act and the Fair Work Regulations. The court approved the agreement, finding that it met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Elements Insulation Pty Ltd and CEPU – Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 – 2019. The agreement was found to meet the criteria for approval under the Fair Work Act, providing for the proper operation of the enterprise and facilitating the achievement of improved productivity, efficiency and profitability. The agreement also provided for appropriate mechanisms for dispute resolution and provided for appropriate protections for employees. The agreement was consistent with the Fair Work Act and the Fair Work Regulations. The approval of the agreement is significant for the parties involved and may have implications for other enterprise agreements in the industry.

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