DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7547)

FINEWELD STAINLESS STEEL PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the Fineweld Stainless Steel 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 Fineweld Stainless Steel 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 10 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Fineweld Stainless Steel Pty Ltd. The dispute was regarding the application for approval of the Enterprise Agreement between the union and the company, covering the period from 2015 to 2019. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the "better off overall test" and whether it contained terms that were not in the best interests of the employees. The Commission also considered if the agreement was made in good faith and whether it complied with the procedural requirements under the Act.

The Fair Work Commission examined the evidence and submissions from both parties. The Commission found that the agreement met the better off overall test, as it provided employees with benefits that outweighed any disadvantages. The Commission was satisfied that the agreement was made in good faith and that all procedural requirements were met. Consequently, the Commission approved the Enterprise Agreement between the union and the company, effective from 1 July 2015 to 30 June 2019.

The Fair Work Commission's decision was that the Fineweld Stainless Steel Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 was approved, as it met all the necessary criteria under the Fair Work Act.

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