DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6111)

COMMERCIAL MECHANICAL SERVICES (VIC) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Commercial Mechanical Services (Vic) 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 Commercial Mechanical Services (Vic) 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 13 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 Fair Work Commission was approached by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the Commercial Mechanical Services (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch, to approve an enterprise agreement. The union sought approval for the Commercial Mechanical Services (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The legal issues before the Commission involved determining whether the agreement complied with the provisions of the Fair Work Act 2009, including whether it met the "better off overall test" and whether it included provisions that were contrary to public policy.

The Commission examined the agreement's provisions and found that it complied with the statutory requirements. It assessed the "better off overall test" by comparing the employees' entitlements under the agreement with their entitlements under the applicable award. The Commission concluded that the agreement provided employees with improved conditions, including higher wages and better working conditions, compared to the award. Additionally, the Commission found that the agreement did not include any provisions that were contrary to public policy. Consequently, the Commission approved the enterprise agreement.

In light of the Commission's approval, the agreement will now be binding on the parties and will govern the employment conditions of the employees covered by the agreement for the specified period of 2015-2019. The orders of the Commission include the approval of the Commercial Mechanical Services (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019, effective from the date of approval. The agreement will now be registered with the Fair Work Commission, and the parties are bound by its terms.

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