| [2017] FWCA 86 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7927)
C.I.D. ENTERPRISES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019
Plumbing industry | |
COMMISSIONER GREGORY | MELBOURNE, 6 JANUARY 2017 |
Application for approval of the C.I.D. Enterprises 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 C.I.D. Enterprises 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 13 January 2017. The nominal expiry date of the Agreement is 31 October 2019.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2017] FWCA 86
- Case
- [2017] FWCA 86
- Decision Date
CaseChat Overview and Summary
The central legal issues that the Commission was required to address involved the compliance of the proposed enterprise agreement with the Fair Work Act 2009, particularly whether the agreement met the requirements of being "better off overall" for employees and ensuring that it did not undermine the provisions of the national workplace relations system. The Commission had to examine whether the terms of the agreement were fairly negotiated and if they provided for a minimum set of entitlements that complied with the Fair Work Act.
In its reasoning, the Commission considered the evidence presented by both parties, including submissions on the economic and practical effects of the proposed agreement. The Commission found that the agreement met the statutory requirements under the Fair Work Act, noting that it provided for terms and conditions that were not less favourable than the relevant award or safety net minimum terms and conditions. Additionally, the Commission concluded that the agreement was fairly negotiated and that it provided employees with better overall terms and conditions compared to their previous entitlements. Consequently, the Commission approved the enterprise agreement.
As a result of the Commission's decision, the C.I.D. Enterprises Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 was approved, effective from the date of the decision. This outcome ensures that the terms of employment within the plumbing division of C.I.D. Enterprises Pty Ltd are governed by the approved enterprise agreement, providing a clear framework for the relationship between the employer and employees.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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