DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5603)

OWEN PROJECTS PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Owen Projects Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 (Agreement).

[1] An application has been made for approval of an enterprise agreement known as the Owen Projects 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 6 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 an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Owen Projects Pty Ltd to have their Enterprise Agreement approved. The nature of the dispute centred on the terms and conditions of employment as outlined in the proposed agreement, which needed to be assessed for compliance with the Fair Work Act 2009. The decision was rendered by the Fair Work Commission, which is tasked with overseeing and regulating the terms of employment in Australia.

The primary legal issues before the Commission were whether the terms of the proposed agreement were fair and reasonable, and whether the agreement had been made in good faith. The Commission was required to consider various factors, including the bargaining power of the parties, the nature of the industry, and the overall fairness of the agreement to the employees it covered. The Commission also had to ensure that the agreement complied with the provisions of the Fair Work Act and any relevant award or registered agreement.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and had been made in good faith. The Commission noted that the parties had engaged in genuine and meaningful bargaining, and that the terms of the agreement were balanced and reflected the needs of both employers and employees. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and leave entitlements. Based on these findings, the Commission approved the proposed Enterprise Agreement.

In light of the findings, the Fair Work Commission approved the Owen Projects Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019, effective from 1 July 2015. The decision confirms that the terms of the agreement are fair and reasonable, and that it was made in good faith by the parties involved. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are regulated and protected under the Fair Work Act.

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