DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5465)

ACI AUSTRALIAN CIVIL INDUSTRIES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the ACI Australian Civil Industries 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 ACI Australian Civil Industries 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 14 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 matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and Australian Civil Industries Pty Ltd. The union sought approval of the ACI Australian Civil Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The primary dispute centred around whether the proposed enterprise agreement met the necessary standards under the Fair Work Act 2009, particularly with regard to the agreement's provisions on pay rates, conditions of employment, and other relevant matters.

The legal issues before the Commission included whether the agreement complied with the 'better off overall test', ensuring that employees were not worse off financially or in terms of conditions. Additionally, the Commission had to determine if the agreement contained all the mandated terms and conditions as required by the Act and if it appropriately balanced the interests of both the employees and the employer. Another critical issue was whether the agreement provided for appropriate mechanisms for dispute resolution and included adequate provisions for employee protection.

In reaching its decision, the Fair Work Commission carefully examined the provisions of the proposed enterprise agreement. The Commission found that the agreement satisfied the 'better off overall test', as it provided for fair and reasonable pay rates and conditions that improved the employees' overall situation. The Commission also determined that the agreement included all the necessary mandated terms and conditions as stipulated by the Act. Furthermore, the agreement was deemed to offer adequate protection for employees and provided for suitable mechanisms for dispute resolution. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable for both parties.

The final orders of the Fair Work Commission included the approval of the ACI Australian Civil Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019, effective from 1 April 2015 until 31 March 2019. The agreement was to be registered with the Fair Work Commission and would be applicable to the employees covered by the agreement during the specified period. The decision marked the formal recognition of the agreement as a valid and enforceable enterprise agreement under the Fair Work Act 2009.

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