DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1185)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 19 APRIL 2017

Application for approval of the Superlag 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 Superlag 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 (CEPU). 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 (CEPU) 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 and, in accordance with s.54, will operate from 26 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Superlag Pty Ltd, a company operating in the plumbing sector. The union sought approval of the Lagging Enterprise Agreement 2015 - 2019 between the union and the company. This agreement was submitted under section 234 of the Fair Work Act 2009, which requires certain enterprise agreements to be approved by the Commission to be legally binding.

The legal issues before the Commission centred on whether the agreement met the criteria for approval as a simplified procedure agreement under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the required provisions, including those relating to minimum wages and conditions, and whether it was in the best interests of the employees covered by the agreement. Additionally, the Commission had to consider whether any provisions were contrary to the public interest or had the potential to undermine the safety and health of workers.

In its reasoning, the Commission noted that the agreement contained all necessary provisions as required by the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees, including appropriate minimum wages and conditions. The Commission also concluded that the agreement was in the best interests of the employees, as it provided for adequate protections and benefits. Furthermore, the Commission determined that none of the provisions in the agreement were contrary to the public interest or posed any significant risks to the health and safety of workers. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Superlag Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019, finding it to be fair, reasonable, and in the best interests of the employees. The agreement was deemed to contain all required provisions under the Fair Work Act and was not found to be contrary to the public interest or to pose any significant health and safety risks.

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