DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7463)

MCLEAN WATERWORKS AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2017

Application for approval of the McLean Waterworks 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 McLean Waterworks 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 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 case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its Plumbing Division, and the McLean Waterworks. The union sought approval of the McLean Waterworks and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 from the Fair Work Commission. The union argued that the agreement met the requirements of the Fair Work Act 2009, including provisions on minimum entitlements and the avoidance of casual employment. The employer contested the union's claims, asserting that certain aspects of the agreement were not compliant with the Act.

The central legal issues before the Fair Work Commission were whether the enterprise agreement adequately met the statutory requirements for approval, particularly concerning minimum entitlements and the prohibition of casual employment. The union contended that the agreement ensured fair and reasonable terms for employees, while the employer argued that certain clauses did not meet the legislative standards. The commission had to assess whether the agreement complied with the Fair Work Act, including the provisions on minimum entitlements and the prevention of casual employment.

In reaching its decision, the Fair Work Commission considered the provisions of the Fair Work Act and the specific terms of the enterprise agreement. The commission found that the agreement largely met the statutory requirements, ensuring that employees were paid at least the relevant award rates and providing for the avoidance of casual employment. The commission approved the agreement, subject to certain conditions aimed at ensuring compliance with the Act. The employer's objections were largely dismissed, as the commission determined that the agreement was fair and reasonable.

The Fair Work Commission approved the McLean Waterworks and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, subject to specific conditions designed to ensure compliance with the Fair Work Act. The union's application for approval was thus successful, with the commission's decision reinforcing the importance of fair and reasonable terms in enterprise agreements.

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