DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7387)

SYNERGY ACCESS SOLUTIONS 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 Synergy Access Solutions 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 Synergy Access Solutions 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 case before the Fair Work Commission involved an application for the approval of the Synergy Access Solutions Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The applicant, the CEPU, sought the Commission's approval of the enterprise agreement, which had been negotiated between the union and the employer. The agreement covered a range of terms and conditions of employment for employees working in the plumbing division of Synergy.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, whether it provided for the protection of employees' rights and entitlements, and whether it complied with the relevant legislative framework. The Commission also needed to consider whether the agreement contained provisions that were contrary to public policy or that had an adverse effect on the operation of the Fair Work Act.

In delivering its decision, the Commission found that the agreement was genuinely negotiated and that it provided for the protection of employees' rights and entitlements. The Commission also found that the agreement complied with the relevant legislative framework and did not contain any provisions that were contrary to public policy or had an adverse effect on the operation of the Fair Work Act. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both the employer and the employees and approved the agreement.

The Fair Work Commission approved the Synergy Access Solutions Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The Commission's approval of the agreement ensures that the terms and conditions of employment for employees in the plumbing division of Synergy are governed by a legally binding agreement that provides for the protection of their rights and entitlements. The approval of the agreement also promotes industrial harmony and helps to avoid industrial disputes in the workplace.

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