DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7096)

GRAVEL PITS PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Gravel Pits 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 Gravel Pits 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 12 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 matter before the Fair Work Commission involved an application for the approval of the Gravel Pits Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The applicant, CEPU, sought to have the enterprise agreement approved under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval, particularly whether it was made in good faith and whether it contained the necessary safety net terms.

The legal issues before the Commission included whether the enterprise agreement was genuinely negotiated, whether it provided for appropriate safety net terms, and whether it complied with the requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement was made in good faith, free from coercion, and whether it met the statutory requirements for a safety net award. Additionally, the Commission examined whether the agreement provided for appropriate terms and conditions, including minimum rates of pay and other employment entitlements.

The Fair Work Commission found that the enterprise agreement was made in good faith and met the statutory requirements for approval. The Commission determined that the agreement contained appropriate safety net terms and was genuinely negotiated. The Commission also found that the agreement provided for fair terms and conditions of employment. In reaching its decision, the Commission considered the evidence presented by both parties and the provisions of the Fair Work Act. The Commission concluded that the enterprise agreement was compliant with the relevant legislative requirements and approved it accordingly.

The final orders of the Commission included the approval of the Gravel Pits Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, effective from the date of the decision. The agreement was approved as a registered agreement under the Fair Work Act, and the Commission directed that the necessary steps be taken to register the agreement with the Fair Work Ombudsman. The approval of the agreement was subject to compliance with the terms and conditions set out in the agreement and the Fair Work Act.

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