DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6636)

V.I.C INSULATION CONTRACTORS & CEPU PLUMBING DIVISION – NSW BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 11 NOVEMBER 2016

Application for approval of the V.I.C Insulation Contractors & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the V.I.C Insulation Contractors & CEPU Plumbing Division – NSW 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 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 11 November 2016 and, in accordance with s.54, will operate from 18 November 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of an enterprise agreement between VIC Insulation Contractors and the CEPU Plumbing Division - NSW Branch. The union argued that the agreement met the requirements of the Fair Work Act 2009, including the provisions on minimum entitlements and the protection of employees' rights. The dispute centred on whether the agreement adequately provided for minimum pay rates, leave entitlements, and other essential conditions, and whether it complied with the statutory requirements for enterprise agreements.

The legal issues before the Commission were whether the enterprise agreement contained the necessary minimum terms and conditions, whether it complied with the relevant provisions of the Fair Work Act, and whether it was in the best interests of the employees. The Commission had to determine if the agreement provided for minimum rates of pay and conditions, including annual leave, personal/carer’s leave, and long service leave, as well as other mandatory provisions such as notice of termination and redundancy pay. The Commission also had to consider whether the agreement was appropriately certified and if it met the statutory requirement of being in the best interests of the employees.

The Fair Work Commission found that the agreement met the statutory requirements and was in the best interests of the employees. The Commission determined that the agreement provided for the minimum rates of pay and conditions, including adequate provisions for annual leave, personal/carer’s leave, and long service leave. The Commission also found that the agreement was appropriately certified and met the necessary criteria under the Fair Work Act. Consequently, the Commission approved the enterprise agreement, noting its compliance with the statutory requirements and its favourable impact on the employees.

The Fair Work Commission approved the enterprise agreement between VIC Insulation Contractors and the CEPU Plumbing Division - NSW Branch. The Commission found that the agreement provided for the minimum rates of pay and conditions, and was appropriately certified and in the best interests of the employees. The Commission’s approval ensures that the agreement is legally binding and enforceable, providing certainty and stability for both the employers and employees involved.

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