DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5619)

ECOLAG PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Ecolag Pty Ltd and CEPU – Plumbing Division Victorian Branch Lagging 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 for the approval of a proposed enterprise agreement between Ecolag Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division, Victorian Branch. The disagreement centred on whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly concerning the provisions related to employee entitlements, working conditions, and dispute resolution mechanisms.

The key legal issues the court had to address were whether the proposed agreement was a "registered agreement" as defined under the Fair Work Act, and if it contained all the necessary elements required by the Act. This included examining whether the agreement provided for fair and reasonable terms, whether it adequately protected employees' rights, and whether it adhered to the procedural fairness requirements, including proper consultation with the employees.

The Fair Work Commission found that the proposed agreement did indeed meet the statutory requirements. It was determined that the agreement was fair and reasonable, taking into account the nature of the industry, the bargaining positions of the parties, and the protections afforded to employees. The Commission also found that the agreement adequately covered essential terms and conditions of employment, including pay, hours of work, and dispute resolution processes. As a result, the Commission approved the Ecolag Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019.

The Commission's decision was grounded in a thorough analysis of the negotiation process, the content of the agreement, and its compliance with the Fair Work Act. The final orders confirmed the approval of the agreement, allowing it to come into effect and bind the parties from the specified commencement date.

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