DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1294)

SAAP HEATING, COOLING AND ELECTRICAL SERVICES AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 3 MAY 2017

Application for approval of the SAAP Heating, Cooling and Electrical 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 SAAP Heating, Cooling and Electrical 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. 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 3 May 2017 and, in accordance with s.54, will operate from 10 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 case before the Fair Work Commission (FWC) involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the SAAP Heating, Cooling and Electrical Services and CEPU - Plumbing Division Victorian Branch. The union had applied for the approval of the Enterprise Agreement between the parties for the period 2015-2019. The dispute centred around whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC were whether the agreement was a genuine enterprise agreement, if it contained the necessary minimum terms and conditions, and if it complied with the provisions of the Fair Work Act. The FWC had to consider the provisions of the agreement, including wage rates, working conditions, and dispute resolution mechanisms, to determine if it met the statutory criteria.

In its decision, the FWC found that the agreement was a genuine enterprise agreement and contained the required minimum terms and conditions. The FWC considered that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. The FWC also found that the dispute resolution mechanisms were adequate and that the agreement was consistent with the provisions of the Fair Work Act. As a result, the FWC approved the agreement.

The FWC's final order was that the SAAP Heating, Cooling and Electrical Services and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 be approved under section 233 of the Fair Work Act 2009. The agreement is now legally binding on the parties and will govern the employment conditions of the union members for the specified period.

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