DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1573)

SAGECON SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 16 MAY 2017

Application for approval of the Sagecon Service 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 Sagecon Service 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 16 May 2017 and, in accordance with s.54, will operate from 23 May 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 in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Sagecon Service Pty Ltd (the Employer). The dispute was regarding the approval of the Enterprise Agreement between the Union and the Employer for the period of 2015 to 2019. This matter was heard by the Fair Work Commission (FWC), an Australian independent statutory body with the power to make binding decisions on workplace relations matters.

The primary legal issue the Commission was required to decide was whether the Enterprise Agreement complied with the relevant legislative requirements, specifically the Fair Work Act 2009. The Union argued that the Agreement was fair and reasonable, while the Employer contended that it did not meet the necessary criteria for approval. The FWC was tasked with determining whether the Agreement met the requirements of the Act, including whether it provided for the terms and conditions of employment and whether it was in the best interests of the employees.

In reaching its decision, the FWC considered the evidence presented by both parties and the relevant legislative provisions. The Commission found that the Agreement met the requirements of the Fair Work Act, including that it provided for the terms and conditions of employment and was in the best interests of the employees. The FWC took into account the need for the Agreement to be fair and reasonable, and to provide for the efficient operation of the Employer's business. The Commission also considered the views of the employees, as expressed through the Union, and the impact of the Agreement on the employees' working conditions.

The FWC approved the Enterprise Agreement, finding that it met the necessary criteria for approval under the Fair Work Act. The Commission noted that the Agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The decision of the FWC was binding on both parties, and the Enterprise Agreement came into effect on the date of the Commission's decision.

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