DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/136)

COMMTECH COMMISSIONING TECHNOLOGIES AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 27 JANUARY 2017

Application for approval of the CommTech Commissioning Technologies 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 CommTech Commissioning Technologies 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. 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 27 January 2017 and, in accordance with s.54, will operate from 3 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 for the approval of the Enterprise Agreement between CommTech Commissioning Technologies and the CEPU - Plumbing Division Victorian Branch. The application was made by the CEPU, seeking to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal criteria for approval, including the requirement that it facilitate the improvement of workplace relations.

The legal issues before the Commission included whether the agreement provided for the appropriate process for resolving disputes, whether it contained minimum terms that would be unfair or inappropriate, and whether it facilitated the improvement of workplace relations. The Commission needed to assess the provisions of the agreement against the legislative standards set out in the Fair Work Act.

The Commission determined that the agreement met the necessary criteria for approval. It found that the agreement included appropriate dispute resolution processes and contained minimum terms that were not unfair or inappropriate. The Commission was satisfied that the agreement facilitated the improvement of workplace relations by providing for fair and flexible working arrangements, including provisions for shift patterns, overtime, and leave entitlements. The Commission approved the agreement, noting that it was in the best interests of the employees covered by the agreement.

The Fair Work Commission approved the Enterprise Agreement between CommTech Commissioning Technologies and the CEPU - Plumbing Division Victorian Branch. The Commission found that the agreement met the necessary criteria for approval and facilitated the improvement of workplace relations. The approval of the agreement ensures that the employees covered by the agreement have a fair and flexible set of minimum terms and conditions of employment.

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