DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7413)

ACTIVE METAL ROOFING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Active Metal Roofing 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 Active Metal Roofing 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 13 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 matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CEPU – Plumbing Division Victorian Branch, for the approval of the Active Metal Roofing Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2015 – 2019. The application was lodged with the Fair Work Commission, which had jurisdiction to hear and determine the matter under the Fair Work Act 2009. The central dispute revolved around whether the proposed enterprise agreement met the criteria for registration as prescribed by the Act.

The legal issues that the Commission had to decide included whether the agreement was genuinely negotiated between the employer and the union, whether it contained the minimum mandatory terms and conditions as required by the Act, and if it complied with the procedural requirements for registration. Additionally, the Commission examined whether the agreement provided for a fair and reasonable resolution of workplace disputes and if it included appropriate mechanisms for future negotiations and amendments.

In considering these issues, the Commission took into account the submissions from both parties and examined the content of the agreement. The Commission found that the agreement was genuinely negotiated between the employer and the union, as evidenced by the exchange of proposals and counter-proposals, and the willingness of both parties to reach a consensus. The Commission also determined that the agreement contained the minimum mandatory terms and conditions as required by the Act, and that it complied with the procedural requirements for registration. Furthermore, the Commission found that the agreement provided for a fair and reasonable resolution of workplace disputes and included appropriate mechanisms for future negotiations and amendments.

Consequently, the Commission approved the Active Metal Roofing Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2015 – 2019, and the matter was resolved in favour of the union. The decision of the Commission is a significant milestone in the ongoing relationship between the employer, the union, and their employees, and it provides a framework for the fair and equitable resolution of workplace issues during the term of the agreement.

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