DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1224)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 21 APRIL 2017

Application for approval of the Airomech 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 Airomech 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 28 April 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 matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Airomech Services, with the Fair Work Commission (FWC) approving the Airomech Services and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The parties disagreed over the terms of the enterprise agreement, specifically regarding the approval of the agreement by the FWC. The dispute was brought before the FWC, which was tasked with determining whether the agreement met the necessary legal standards for approval.

The legal issues before the FWC involved assessing the fairness and validity of the enterprise agreement in line with the Fair Work Act 2009. Key considerations included whether the agreement adhered to the provisions of the Act, particularly in terms of ensuring the best interests of the employees and the appropriate representation of the parties involved. The FWC also had to evaluate whether the agreement appropriately balanced the interests of the employer and employees, as well as whether it met the criteria for being a "better off overall test" (BOOT) agreement. This required an examination of the terms and conditions of the agreement, including wages, working conditions, and any other relevant factors.

The FWC concluded that the enterprise agreement was fair and met the necessary legal standards for approval. The Commission found that the agreement was in the best interests of the employees and appropriately represented the parties involved. The FWC determined that the agreement balanced the interests of both the employer and employees and met the criteria for being a BOOT agreement. The FWC also found that the agreement complied with the provisions of the Fair Work Act 2009 and did not contravene any relevant provisions. As a result, the FWC approved the Airomech Services and CEPU - Plumbing Division Victorian Branch 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