DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7227)

AEDY CONSTRUCTIONS 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 Aedy Constructions 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 Aedy Constructions 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and CEPU - Plumbing Division Victorian Branch, which sought approval of the Aedy Constructions Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The agreement sought to govern the employment conditions of workers in the plumbing division of Aedy Constructions, an entity involved in construction activities. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a "modern award" as defined in the Fair Work Act, and whether it complied with the provisions for a "good faith" negotiation. Specifically, the Commission had to determine if the agreement was negotiated in good faith, if it contained all mandatory terms and conditions, and if it complied with other statutory requirements such as the "better off overall test". The Commission also had to consider whether the agreement met the requirements of the "no-disadvantage test".

In examining the application, the Commission assessed the process of negotiation and the content of the agreement. It found that the agreement had been negotiated in good faith, contained all mandatory terms and conditions, and met the "better off overall test" and "no-disadvantage test". The Commission concluded that the agreement was a modern award and was compliant with the statutory requirements. The Commission approved the application for the agreement's registration.

The Fair Work Commission approved the Aedy Constructions Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The decision was based on the findings that the agreement was negotiated in good faith, contained all mandatory terms and conditions, and met the statutory requirements for modern awards. The Commission's approval means that the agreement will govern the employment conditions of workers in the plumbing division of Aedy Constructions for the period specified in the agreement.

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