DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7328)

LIQUID VISION PLUMBING 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 Liquid Vision Plumbing 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 Liquid Vision Plumbing 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 applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Liquid Vision Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The dispute was heard by the Fair Work Commission (FWC). The union and the employer had entered into an enterprise agreement that outlined terms and conditions of employment for the employees of Liquid Vision Plumbing Pty Ltd. The union sought approval of this agreement under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement met the "better off overall test" (BOOT) as required by section 173 of the Fair Work Act 2009. This test ensures that employees are not worse off financially and have some non-financial benefits. The FWC also considered whether the agreement complied with the "in good faith" requirement and other relevant provisions of the Act. The union argued that the agreement was fair and met all the necessary criteria for approval, while the employer did not raise any objections.

The FWC determined that the enterprise agreement satisfied the BOOT as employees would be better off overall financially and non-financially. The FWC found that the agreement met all necessary criteria for approval, including being made in good faith, and was fair and reasonable. The FWC considered the evidence provided by both parties and found that the agreement provided for fair and reasonable terms and conditions of employment.

The FWC approved the enterprise agreement, noting that it met the necessary legal requirements and was fair and reasonable. The union's application for approval of the enterprise agreement was successful, and the agreement was registered under the Fair Work Act 2009.

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