DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7460)

CPP INDUSTRIES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2017

Application for approval of the CPP Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the CPP Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging 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 12 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 for the approval of the CPP Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who sought approval of the agreement under the Fair Work Act 2009. The dispute centred on the procedural fairness and the compliance of the agreement with the relevant legislative requirements.

The legal issues that the court had to address included whether the agreement was appropriately negotiated, whether the union had adequately represented its members in the negotiation process, and if the agreement met the standards of procedural fairness and substantive fairness as required by the Fair Work Act. Additionally, the court had to examine whether the agreement contained all the necessary minimum terms and conditions as stipulated by the Act, and if the process of obtaining member approval was valid.

The court began by examining the process of negotiation and the representation provided by the union. It was found that the union had adequately represented its members and that the negotiation process was transparent and fair. The court further evaluated the content of the agreement, confirming that it met all the necessary minimum terms and conditions. The procedural fairness was upheld as the agreement was presented and explained to the members in a clear manner, and the process for obtaining member approval was deemed valid. As a result, the court approved the agreement, finding it to be fair and compliant with the legislative requirements.

The Fair Work Commission approved the CPP Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019. The decision confirmed the procedural and substantive fairness of the agreement, and its compliance with the Fair Work Act. The court's approval was based on the satisfactory representation by the union, the fair negotiation process, and the inclusion of all required minimum terms and conditions. The agreement was thus deemed valid and enforceable.

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