DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1159)

COLLINS PLUMBING GROUP PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 18 APRIL 2017

Application for approval of the Collins Plumbing Group Pty Ltd and CEPU - Plumbing Division Victorian Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Collins Plumbing Group 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 18 April 2017 and, in accordance with s.54, will operate from 25 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

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was asked to approve the Collins Plumbing Group Pty Ltd and CEPU - Plumbing Division Victorian Enterprise Agreement 2015 - 2019. The dispute involved the terms and conditions of employment of the union's members under the proposed enterprise agreement. The commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the commission was whether the agreement contained all the necessary terms and conditions, was free from prohibited content, and complied with the provisions of the Fair Work Act. This included verifying that the agreement met the "better off overall test" (BOOT) which required that employees be no worse off financially and at least some employees be better off financially compared to their previous conditions.

The commission examined the proposed agreement's provisions, including wages, hours of work, leave entitlements, and other employment conditions. It also assessed whether the agreement was consistent with the relevant awards and whether it allowed for the protection of employee rights. After considering the submissions from both parties, the commission concluded that the agreement satisfied the statutory requirements and met the BOOT. The commission approved the enterprise agreement, recognising that it provided for fair and reasonable terms of employment for the union's members.

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