DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/319)

MOMENTUM POOLS AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Momentum Pools 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 Momentum Pools 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 24 February 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 matter before the Fair Work Commission involved an application by Momentum Pools and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division, Victorian Branch for approval of the Enterprise Agreement 2015-2019. The application was made under section 232 of the Fair Work Act 2009, and the agreement was to apply to employees of Momentum Pools who are members of the union. The dispute centred around the terms and conditions of employment for these employees, specifically the wages, hours of work, and other provisions outlined in the proposed agreement.

The legal issues that the Fair Work Commission had to address included whether the agreement was in the best interests of the employees and whether it complied with the procedural and substantive requirements set out in the Fair Work Act. This involved assessing if the agreement was made in good faith, if it was free from any improper influence or pressure, and if it met the criteria for being considered a simple, low-risk agreement. Additionally, the Commission examined whether the agreement provided a safety net that was not less favourable than the applicable award or registered agreement.

The Fair Work Commission determined that the agreement was made in good faith and without any improper influence or pressure. It was found to be a simple, low-risk agreement as it did not involve significant changes to the employees' terms and conditions. The Commission was satisfied that the agreement provided a safety net that was not less favourable than the applicable award, and it contained provisions that were not less favourable than those in the award. Consequently, the Commission approved the agreement, recognising its alignment with the statutory requirements and its suitability for the employees of Momentum Pools.

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