DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7523)

STEVE TOOHEY PLUMBING AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the Steve Toohey Plumbing 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 Steve Toohey Plumbing 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 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of the Steve Toohey Plumbing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 (the Agreement). The dispute centred around whether the Agreement complied with the Fair Work Act 2009 and its accompanying regulations, particularly in relation to the requirements for an enterprise agreement to be approved and registered by the Commission.

The central legal issues were whether the Agreement satisfied the criteria set out in the Fair Work Act for an enterprise agreement to be approved, specifically whether the Agreement had been made in good faith and whether it contained the necessary minimum terms and conditions of employment. Additionally, the Commission had to determine whether the Agreement was free from prohibited content and whether it was consistent with the overarching objectives of the Fair Work Act, including the protection of employees' rights and the promotion of productive and harmonious workplace relations.

In rendering its decision, the Commission first examined the process by which the Agreement was negotiated and concluded. It assessed the evidence provided to demonstrate that the Agreement had been made in good faith, taking into account the conduct of both parties during the negotiation process. The Commission found that the negotiation process had been conducted appropriately and in compliance with the relevant provisions of the Fair Work Act. Furthermore, the Commission reviewed the contents of the Agreement to ensure it included the minimum terms and conditions as required by the Act and was free from any content that would be considered prohibited. After a thorough analysis, the Commission determined that the Agreement met all necessary criteria for approval and registration.

The Fair Work Commission approved the Agreement and ordered its registration, ensuring that it would become a legally binding instrument governing the employment conditions of the covered employees. The decision provided clarity on the procedural and substantive requirements for enterprise agreements and reinforced the importance of good faith negotiation and compliance with the statutory framework.

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