DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7795)

D J KETT PLUMBING SERVICES 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 D J Kett Plumbing Services 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 D J Kett Plumbing Services 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 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 for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and D J Kett Plumbing Services Pty Ltd (the Employer). The agreement in question was the CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, and the dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Applicant sought approval for the agreement under section 233 of the Act, and the Employer contested the application on the basis that the agreement did not meet the necessary criteria.

The key legal issues before the Commission were whether the agreement was a "good faith" agreement, whether it had been negotiated in "good faith," and whether it contained the necessary "protected action provisions." The Commission had to consider the nature and content of the agreement, the process by which it was negotiated, and whether the agreement complied with the provisions of the Fair Work Act. Additionally, the Commission was required to determine whether the agreement provided for the resolution of future disputes in a manner consistent with the Act.

The Fair Work Commission found that the agreement was a "good faith" agreement, having been negotiated in good faith and containing the necessary protected action provisions. The Commission emphasised the importance of the negotiation process and the need for the parties to have genuinely attempted to reach an agreement. The Commission also noted that the agreement contained provisions for the resolution of future disputes, which were consistent with the requirements of the Act. Consequently, the Commission approved the agreement, finding it to be a "single, integrated and coherent" document that met the necessary criteria under the Fair Work Act.

In light of the findings, the Fair Work Commission approved the CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions of the agreement, and that any future disputes are resolved in accordance with the Act. The decision serves as a reminder of the importance of negotiating enterprise agreements in good faith and ensuring that they meet the necessary legal requirements.

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