DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6461)

H & R PLUMBING 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 H & R 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
H & R 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 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and H & R Plumbing Pty Ltd. The dispute centred on the application for the approval of the Enterprise Agreement between the union and the company for the period of 2015 to 2019. The case was heard in the Fair Work Commission.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether the agreement provided for minimum rates of pay, minimum leave entitlements, and the proper classification of employees. The court also needed to determine if the agreement was in the best interests of the employees and if it promoted harmonious, productive, and cooperative workplace relations.

In reaching its decision, the court considered the evidence presented by both parties, including the terms of the agreement, the submissions made by the union and the employer, and the views of the employees. The court found that the agreement met the requirements of the Fair Work Act and that it was in the best interests of the employees. The court also found that the agreement promoted harmonious, productive, and cooperative workplace relations. Based on these findings, the court approved the enterprise agreement.

The Fair Work Commission approved the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and H & R Plumbing Pty Ltd for the period of 2015 to 2019. The court's decision was based on its finding that the agreement met the requirements of the Fair Work Act, was in the best interests of the employees, and promoted harmonious, productive, and cooperative workplace relations.

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