DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7338)

STEEL DECK ROOFING AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Steel Deck Roofing 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 Steel Deck Roofing 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 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Steel Deck Roofing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The primary dispute revolved around whether the agreement met the necessary requirements under the Fair Work Act 2009 and whether it adhered to the Fair Work (Registered Organisations) Act 2009.

The court needed to determine if the enterprise agreement was genuinely negotiated and if it contained the necessary minimum terms and conditions. Furthermore, the court had to consider whether the agreement was procedurally sound and whether it complied with the statutory requirements for employee engagement and consultation.

The Fair Work Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. The union had engaged in good faith negotiations with the employer and had provided the necessary documentation to substantiate the agreement. The Commission was satisfied that the agreement was procedurally sound and adhered to the statutory requirements for employee engagement and consultation. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission granted approval of the Steel Deck Roofing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, recognising it as a genuine and fair agreement that met all necessary legal requirements. The decision underscored the importance of genuine negotiations, compliance with statutory requirements, and adherence to procedural fairness in the context of enterprise agreements.

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