DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6105)

INDUSTRY ROOFING 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 Industry Roofing 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 Industry Roofing 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 case involved an application for the approval of the Industry Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The application was brought before the Fair Work Commission (FWC) by the union, which sought to have the agreement declared as a registered enterprise agreement under the Fair Work Act 2009. The employer contested the application, arguing that certain provisions of the agreement were not in compliance with the Act.

The central legal issue before the FWC was whether the provisions of the proposed enterprise agreement were compliant with the requirements of the Fair Work Act. Specifically, the employer challenged the validity of certain clauses, arguing they contravened the Act by including matters that were not directly related to the employment of the workers covered by the agreement. The union, on the other hand, argued that the clauses were necessary and directly related to the terms and conditions of employment.

The FWC found that the majority of the provisions in the enterprise agreement were compliant with the Fair Work Act. However, the Commission identified certain clauses that were not directly related to the employment terms of the workers, which rendered them invalid. Despite these findings, the FWC determined that the invalid clauses could be severed from the agreement without compromising its overall purpose and intent. Consequently, the FWC approved the agreement with the invalid clauses removed, thereby rendering it compliant with the Act.

The FWC declared the Industry Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 as a registered enterprise agreement under the Fair Work Act 2009, with the invalid clauses excluded. The agreement came into effect from the date of the FWC's decision, binding both the employer and the employees covered by the agreement.

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