DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7712)

AAA PREMIER ROOFING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 12 JANUARY 2017

Application for approval of the AAA Premier 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 AAA Premier 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 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 19 January 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the AAA Premier Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The dispute centred around whether the agreement complied with the necessary legal requirements and provided fair terms for the employees.

The primary legal issues the Commission had to address were whether the agreement met the provisions of the Fair Work Act 2009 and whether it adhered to the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine if the agreement was appropriately certified and whether it contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act.

In its decision, the Fair Work Commission examined the agreement in detail, considering the submissions from both the union and the employer. The Commission noted that the agreement was certified by a registered organisation and included all the mandatory minimum terms and conditions. The Commission found that the agreement was fair and balanced, taking into account the interests of both the employees and the employer. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the applicable legislation.

The Fair Work Commission ordered the approval of the AAA Premier Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019, effective from the date of the decision. This decision ensures that the terms of the agreement are legally binding and enforceable for the duration specified 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