DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/779)

KDJ INDUSTRIES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 23 MARCH 2017

Application for approval of the KDJ Industries 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 KDJ Industries 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 the 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 30 March 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Building and Construction Commission, the court was presented with an application for approval of the KDJ Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The application was brought before the Australian Building and Construction Commission by the Australian Building and Construction Commission. The dispute centred around the fairness and appropriateness of the proposed enterprise agreement between the union and the company, particularly in relation to the conditions and terms of employment for plumbers.

The primary legal issues before the court were whether the agreement met the requirements of fairness and appropriateness as stipulated under the relevant legislative framework. The court had to consider if the agreement was fair and appropriate in terms of the bargaining power of the parties, the nature of the agreement, and the overall impact on the employees and the industry. Additionally, the court examined if there were any provisions in the agreement that could be considered unfair or detrimental to the employees.

The court found that the proposed enterprise agreement was fair and appropriate. In its reasoning, the court noted that the agreement was the result of genuine collective bargaining between the parties with equal bargaining power. The court also found that the terms and conditions of the agreement were reasonable and did not unjustifiably disadvantage any party. Furthermore, the court concluded that the agreement would not have an adverse effect on the industry or the employees, and that it was in line with the broader objectives of the Fair Work Act. As a result, the court approved the enterprise agreement and dismissed the application for review.

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