DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/543)

SPENCE PLUMBING AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2017

Application for approval of the Spence Plumbing 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 Spence Plumbing 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 14 March 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the Spence Plumbing and CEPU - Plumbing Division Victorian Branch, and a number of employers. The union sought approval of an enterprise agreement, titled the Spence Plumbing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The employers contested the application, raising objections to certain provisions of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the provisions of the enterprise agreement complied with the statutory requirements set out in the Fair Work Act. This included assessing whether the agreement contained mandatory terms as defined in the Act, and whether it unfairly disadvantaged any individual employee. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it covered and whether it facilitated the efficient operation of the employers' businesses.

In examining the agreement, the Commission noted that most of the provisions were consistent with the statutory framework. The union had demonstrated that the agreement facilitated the efficient operation of the employers' businesses by allowing for flexibility in work arrangements and providing for dispute resolution mechanisms. The Commission found that while some provisions may have had the potential to cause minor inconvenience or disadvantage to certain employees, these were outweighed by the overall benefits of the agreement. The Commission concluded that the agreement was in the best interests of the employees and did not contain any terms that would unfairly disadvantage any individual employee. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission determined that the Spence Plumbing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 met the necessary criteria for approval under the Fair Work Act. The Commission approved the agreement, finding that it facilitated the efficient operation of the employers' businesses and was in the best interests of the employees it covered.

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