DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6712)

FOX PLUMBING (VIC) PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE 2015 – 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 24 NOVEMBER 2016

Application for approval of the Fox Plumbing (Vic) 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 Fox Plumbing (Vic) Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 24 November 2016 and, in accordance with s.54, will operate from 1 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, represented by its Victorian Branch, sought approval of the Fox Plumbing (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The dispute arose because certain aspects of the agreement were not compliant with the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issues involved whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act, specifically focusing on whether the agreement provided for a process to resolve disputes between employees and employers and whether it included minimum terms and conditions for employees. Additionally, the court needed to determine if the agreement was made in good faith and if it met the requirements for being a single, integrated, and written agreement.

The Fair Work Commission examined the agreement in detail, assessing whether it contained all the necessary provisions as required by law. The Commission concluded that while the agreement generally adhered to the statutory requirements, it was deficient in some specific areas. It was found that the agreement did not adequately address the resolution of disputes and did not provide for a fair process to be followed in such instances. Moreover, it was determined that the agreement did not fully comply with the requirement to include minimum terms and conditions. The Commission, however, found that the agreement was made in good faith and was a single, integrated, and written document.

In light of these findings, the Fair Work Commission determined that the agreement could not be approved in its current form. The Commission ordered that the agreement be returned to the parties for amendment to ensure compliance with the Fair Work Act. The amendments were to be made within a specified timeframe, after which the agreement would be reconsidered for approval.

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