DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6393)

QUADRANT MECHANICAL SERVICES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Quadrant Mechanical Services 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 Quadrant Mechanical Services 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 28 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 matter before the Fair Work Commission involved an application for the approval of the Quadrant Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The Applicant, CEPU, sought to have the Enterprise Agreement approved under the Fair Work Act 2009. The dispute centered around whether the agreement met the necessary criteria for approval as a low-paid industry agreement and whether it adhered to the Fair Work Act's requirements.

The primary legal issues the Commission was required to address included whether the agreement was a "low-paid industry agreement" as defined in the Fair Work Act, whether it complied with the substantive provisions of the Act, and whether the agreement was made in accordance with the procedural requirements set out in the legislation. Specifically, the Commission had to determine whether the agreement provided for appropriate minimum rates of pay and conditions, including minimum wages, penalty rates, and other entitlements.

In its decision, the Commission found that the agreement was indeed a low-paid industry agreement as it met the criteria under section 230 of the Fair Work Act. It noted that the agreement provided for minimum rates of pay and conditions that were no less favourable than those provided for in the relevant awards. The Commission also found that the agreement complied with the substantive and procedural requirements of the Fair Work Act. The agreement was approved on the basis that it provided fair and reasonable terms and conditions of employment for the employees covered by it.

The Commission made orders approving the Enterprise Agreement, which came into effect on the date of the decision. The approval ensured that the terms and conditions of employment set out in the agreement would apply to the employees of Quadrant Mechanical Services Pty Ltd who are members of the CEPU - Plumbing Division Victorian Branch.

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