DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7207)

VALLEYCLAD PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Valleyclad 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 Valleyclad 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 22 December 2016. 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, along with the Valleyclad Pty Ltd and CEPU - Plumbing Division Victorian Branch. The dispute centred on the application for approval of the Enterprise Agreement 2015 - 2019. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue before the court was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved an examination of the agreement's compliance with provisions concerning the fairness and effectiveness of the terms, particularly in relation to minimum wages and other entitlements. The court needed to determine if the agreement provided for fair and reasonable terms of employment, and if it met the requirements of being a 'single, clear, and complete agreement'. The court also had to consider if the agreement was consistent with the overarching objectives of the Fair Work Act, including the protection of employees' rights and the promotion of cooperative workplace relations.

The Fair Work Commission found that the agreement largely met the statutory criteria for approval. The court acknowledged the parties' efforts to reach a comprehensive and fair agreement. It noted that the agreement contained provisions for minimum wages, overtime, penalty rates, and other employment conditions that aligned with the legislative framework. The court was satisfied that the agreement was a genuine endeavour to reach an agreement on terms and conditions of employment, and that it did not disadvantage employees. Consequently, the court approved the application for the enterprise agreement to be registered.

The final order of the court was the approval of the Enterprise Agreement 2015 - 2019 between Valleyclad Pty Ltd and CEPU - Plumbing Division Victorian Branch. The agreement was to be registered under the Fair Work Act 2009, effective from the date of the decision. The court's decision confirmed the validity of the agreement and its compliance with the necessary legal standards.

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