DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/767)

LEACH CONTRACTORS PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 22 MARCH 2017

Application for approval of the Leach Contractors 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 Leach Contractors 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.

[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 29 March 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 dispute before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Leach Contractors Pty Ltd. The union sought approval of the Leach Contractors Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The commission had to determine whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the commission needed to assess whether the agreement met the 'better off overall test', ensuring that employees were not worse off financially or in terms of conditions compared to their previous entitlements. Additionally, the commission examined whether the agreement was made in good faith and whether it complied with other statutory requirements.

In reaching its decision, the commission considered the evidence provided by both parties, including the terms of the agreement, the bargaining positions of the union and the employer, and the impact of the agreement on the employees. The commission determined that the agreement did meet the better off overall test and was made in good faith. The commission also found that the agreement complied with all relevant provisions of the Fair Work Act. Consequently, the commission approved the enterprise agreement.

The commission's final order was the approval of the Leach Contractors Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees until the end of the agreement period or until a new agreement was made.

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