DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6693)

VECTOR FOILTEC PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	SYDNEY, 23 NOVEMBER 2016

Application for approval of the Vector Foiltec Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Vector Foiltec Pty Ltd and CEPU – Plumbing Division Victorian Branch Lagging 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 30 November 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Vector Foiltec Pty Ltd, with the dispute centred around the approval of the Vector Foiltec Pty Ltd and CEPU – Plumbing Division Lagging Enterprise Agreement 2015 - 2019. The matter was heard in the Fair Work Commission. The CEPU sought approval for the enterprise agreement, arguing that it met the necessary requirements under the Fair Work Act 2009.

The primary legal issue the court had to decide was whether the enterprise agreement complied with the statutory criteria set out in the Fair Work Act 2009. This included examining if the agreement met the "better off overall test" and whether it contained all the "protected actions" as required by the legislation. Additionally, the court had to determine whether the agreement was fairly negotiated and if it provided for appropriate mechanisms for dispute resolution.

The Fair Work Commission examined the contents of the agreement and found that it satisfied all the statutory requirements. The agreement was deemed to meet the better off overall test, providing employees with increased wages, improved working conditions, and enhanced benefits. The court also found that the agreement contained all the necessary protected actions and was the product of fair negotiations. The Commission concluded that the agreement provided adequate mechanisms for resolving disputes and was thus approved. The court's decision was in favour of the CEPU and Vector Foiltec Pty Ltd, granting approval for the enterprise 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

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Legal Principle Established