DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6567)

YARRA ROOFING AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Yarra Roofing 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 Yarra Roofing 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) seeking approval of the Yarra Roofing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The Applicant submitted the agreement to the Fair Work Commission for approval, and the dispute arose as a result of objections to certain provisions of the agreement. The matter was heard in the Fair Work Commission, with the primary judge being Deputy President Rimmer.

The legal issues before the court centred on whether the provisions of the enterprise agreement were in compliance with the relevant provisions of the Fair Work Act 2009. The Applicant argued that the agreement was in accordance with the relevant legislative provisions, while the objectors raised concerns about several clauses, including those relating to pay rates, penalty rates, and working conditions. The court had to determine whether these provisions were consistent with the principles of the Fair Work Act and whether they complied with the requirements for enterprise agreements.

The court considered the arguments presented by both parties and reviewed the relevant legislation and precedents. Deputy President Rimmer found that the majority of the provisions in the agreement were consistent with the Fair Work Act and did not contravene any statutory provisions. However, the court identified some issues with certain clauses, particularly those relating to pay rates and penalty rates. After considering the evidence and arguments presented, the court made amendments to the agreement to address the concerns raised by the objectors. The amended agreement was then approved by the Fair Work Commission.

The final orders of the court included the approval of the Yarra Roofing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, subject to the amendments made by the court. The approved agreement now reflects the changes made to address the concerns raised by the objectors, and it is in compliance with the Fair Work Act. The decision serves as a reminder of the importance of ensuring that enterprise agreements adhere to the relevant legislative requirements and principles.

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