DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6109)

KILLY SHEETMETAL INDUSTRIES 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 Killy Sheetmetal 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 Killy Sheetmetal 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 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 involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the CEPU – Plumbing Division Victorian Branch, and Killy Sheetmetal Industries Pty Ltd. The union sought approval of an enterprise agreement under the Fair Work Act 2009. The Federal Court considered the application for approval of the agreement, which was concluded between the union and the employer, covering the period from 2015 to 2019.

The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement contained the necessary "enterprise bargaining coverage" and if it complied with the "better off overall test" (BOOT). The BOOT requires that the agreement must not disadvantage employees by providing them with terms and conditions that are worse than their previous conditions, and must offer them some form of benefit.

The Court found that the agreement met the criteria for approval. It contained the required coverage and complied with the BOOT. The Court was satisfied that the agreement provided benefits to the employees, including increased wages and better working conditions, without causing any disadvantage. The Court determined that the agreement was fair and met the legal standards for approval.

As a result, the Court approved the Killy Sheetmetal Industries Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2015-2019, allowing it to come into effect as per the terms outlined in the agreement. The decision ensures that the agreement is legally binding and enforceable, providing a stable framework for the employment relationship between the union, the employer, and the employees.

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