DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/159)

CORMACK PLUMBING SERVICE PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Cormack Plumbing Service 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 Cormack Plumbing Service Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 20 - 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 17 February 2017 and, in accordance with s.54, 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Cormack Plumbing Service Pty Ltd. The union applied for approval of the Enterprise Agreement between the parties for the period 2015 to 2019. The application was heard in the Fair Work Commission. The central issue for the commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly with regard to the provisions dealing with the pay and conditions of employees. Specifically, the commission needed to determine whether the agreement was a "better off overall test" agreement, meaning that it provided employees with a package of pay and conditions that was at least as good as what they would receive under the relevant awards.

The commission considered the evidence and submissions from both parties and examined the agreement in detail. The union argued that the agreement provided a fair and reasonable set of conditions for its members, while the company maintained that the agreement was in its employees' best interests. After careful consideration, the commission found that the agreement did meet the requirements of the Fair Work Act. The commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave provisions, and better access to training and development opportunities. The commission also found that the agreement provided for a fair and reasonable process for resolving disputes between employees and the employer.

In light of the above, the commission approved the Enterprise Agreement between the union and the company. The decision was based on the commission's finding that the agreement provided a fair and reasonable set of conditions for employees and met the requirements of the Fair Work Act. The commission's decision was final and binding on both parties. The union and the company were required to comply with the terms of the agreement, and any disputes arising out of the agreement were to be resolved in accordance with the procedures set out in the agreement.

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