DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5497)

RIVAL AIR PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 11 OCTOBER 2016

Application for approval of the Rival Air 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 Rival Air 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 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 18 October 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 to this dispute were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Rival Air Pty Ltd. The matter before the court involved the application for approval of an enterprise agreement between the union and the employer, covering the period from 2015 to 2019. The application was brought before the Fair Work Commission.

The primary legal issue the court had to decide was whether the enterprise agreement complied with the Fair Work Act 2009. This involved examining the agreement's content, ensuring it met the requirements for a valid enterprise agreement, and determining if it provided for minimum terms and conditions of employment as mandated by the Act. The court also needed to consider whether the agreement was fairly negotiated and if it contained any provisions that could be seen as discriminatory or unfair.

In its reasoning, the court examined the provisions of the agreement, including wages, working conditions, and dispute resolution mechanisms. The court found that the agreement met the statutory requirements and provided for the minimum terms and conditions of employment. It also determined that the agreement was fairly negotiated and did not contain any discriminatory or unfair provisions. The court was satisfied that the agreement was in the best interests of the employees and approved the application for the enterprise agreement's approval.

The Fair Work Commission approved the application for the Rival Air Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The court ordered that the agreement be registered and that it would come into effect from the date of the decision.

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