DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7250)

QUICKSILVER INSULATION PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Quicksilver Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Quicksilver Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging 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 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 case before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the Quicksilver Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019. The applicant union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The applicant was opposed by a number of individuals who were employees of Quicksilver Insulation Pty Ltd.

The legal issues before the court were whether the agreement was a genuinely agreed upon enterprise agreement, and whether it complied with the requirements of the Fair Work Act 2009. The union argued that the agreement was a genuine enterprise agreement, and that it met all of the statutory requirements for registration. The respondents argued that the agreement did not meet the requirements of the Fair Work Act 2009, and that it was not a genuine enterprise agreement.

The court found that the agreement was a genuine enterprise agreement, and that it met all of the requirements for registration under the Fair Work Act 2009. The court found that the agreement had been negotiated in good faith, and that it provided for the terms and conditions of employment of the employees covered by the agreement. The court also found that the agreement met all of the procedural requirements for registration, including the requirement that a copy of the agreement be provided to the Fair Work Commission. The court rejected the respondents' arguments that the agreement was not a genuine enterprise agreement, and that it did not meet the requirements of the Fair Work Act 2009.

The court granted the union's application for approval of the agreement, and registered the Quicksilver Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019 as a registered agreement under the Fair Work Act 2009. The court found that the agreement provided for the fair and reasonable terms and conditions of employment of the employees covered by the agreement, and that it met all of the requirements for registration under the Act. The court also found that the agreement was a genuine enterprise agreement, and that it had been negotiated in good faith.

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