DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/417)

SIMPLY COMMERCIAL ROOFING PTY LTD AND CEPU-PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Simply Commercial Roofing 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 Simply Commercial Roofing 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 1 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEPIU-Plumbing Division) applied for approval of the Simply Commercial Roofing Pty Ltd and CEPU-Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The application was made under section 232 of the Fair Work Act 2009, which requires the Fair Work Commission to approve an enterprise agreement if it is satisfied the agreement is appropriate for the employees it covers. Simply Commercial Roofing Pty Ltd is an employer in the building and construction industry, and the CEPU-Plumbing Division is an employee organisation representing workers in the plumbing industry.

The primary legal issue was whether the agreement met the "better off overall test" (BOOT) under section 230 of the Act, which requires that employees be no worse off financially and at least as well off financially and in terms of other conditions of employment as they would be under the applicable award. The union argued that the agreement provided significant benefits to employees, including higher wages and improved working conditions. The employer argued that the agreement was not in the best interests of the employees and that it would have a detrimental impact on the business.

The Fair Work Commission found that the agreement did meet the BOOT, as employees would be no worse off financially and at least as well off financially and in terms of other conditions of employment as they would be under the applicable award. The Commission considered the evidence provided by both parties and found that the agreement provided for better wages and conditions for employees, and that the employer had not demonstrated that the agreement would have a detrimental impact on the business. The Commission also found that the agreement was in the best interests of the employees, as it provided them with improved working conditions and higher wages.

The Fair Work Commission approved the agreement under section 232 of the Fair Work Act 2009. The agreement will now be registered and will apply to employees of Simply Commercial Roofing Pty Ltd who are covered by the agreement. The agreement will provide employees with improved working conditions and higher wages, and will be in effect for the period from 1 July 2015 to 30 June 2019.

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