DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7344)

M & L SCOTT 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 M & L Scott 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 M & L Scott 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 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 parties involved in the matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and M & L Scott Pty Ltd, along with the CEPU - Plumbing Division Victorian Branch. The dispute centred around the approval of the Enterprise Agreement between the parties for the period of 2015 to 2019. The case was heard in the Fair Work Commission, an Australian independent statutory body responsible for the resolution of workplace disputes and the regulation of workplace relations. The legal issues that the court had to resolve involved whether the Enterprise Agreement complied with the Fair Work Act 2009, including the provisions related to the employees' minimum entitlements and the process of reaching the agreement.

The Fair Work Commission examined the agreement to determine whether it met the necessary requirements to be approved. The court assessed whether the agreement had been fairly negotiated, contained the mandated minimum terms and conditions, and adhered to the procedural fairness standards. The court also considered whether the agreement provided for the employees' minimum entitlements, as outlined in the Fair Work Act 2009, and whether the process of reaching the agreement was fair and transparent. The Commission concluded that the agreement was compliant with the relevant legal provisions and was therefore approved.

Following a thorough analysis of the Enterprise Agreement, the Fair Work Commission determined that the agreement met all the necessary requirements for approval. The court found that the agreement was fairly negotiated, contained the minimum terms and conditions as mandated by law, and adhered to the procedural fairness standards. The Commission also concluded that the agreement provided for the employees' minimum entitlements and that the process of reaching the agreement was fair and transparent. As a result, the Fair Work Commission approved the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, M & L Scott Pty Ltd, and the CEPU - Plumbing Division Victorian Branch for the period of 2015 to 2019.

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