DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1738)

UNITED PLUMBING GROUP (COMMERCIAL) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 26 MAY 2017

Application for approval of the United Plumbing Group (Commercial) 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 United Plumbing Group (Commercial) 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] 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. 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.

[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 was approved on 26 May 2017 and, in accordance with s.54, will operate from 2 June 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 dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the United Plumbing Group (Commercial) Pty Ltd and CEPU - Plumbing Division Victorian Branch involves an application for the approval of the Enterprise Agreement 2015-2019. The matter was heard in the Fair Work Commission. The central issue before the court was whether the agreement met the legal standards required for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained provisions that were contrary to the public interest or would have an adverse effect on the employees covered by the agreement.

The Fair Work Commission considered whether the provisions of the agreement complied with the requirements of the Fair Work Act, including whether the agreement provided for minimum wages and conditions, and whether it contained appropriate mechanisms for resolving disputes. The Commission examined the specific provisions of the agreement, including those relating to wages, hours of work, leave entitlements, and dispute resolution. The court found that the agreement generally complied with the statutory requirements and did not contain any provisions that would have an adverse effect on the employees or the public interest. Consequently, the Fair Work Commission approved the Enterprise Agreement 2015-2019.

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