DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5636)

CORBRITT AIRCONDITIONING 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 Corbritt Airconditioning 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 Corbritt Airconditioning 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Corbitt Airconditioning Pty Ltd. The dispute centred on the approval of the Enterprise Agreement 2015-2019 between the union and the company. The case was heard in the Fair Work Commission of Australia.

The primary legal issues the court needed to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included determining if the agreement had been made in good faith, if it provided for the proper classification of employees, and if it contained necessary protections for employees. The court also needed to consider if the agreement was free from any improper influence or coercion.

The Fair Work Commission found that the agreement was made in good faith and contained proper classification provisions. It was also determined that the agreement was free from any improper influence or coercion. However, the court found that the agreement did not adequately protect employees, particularly in relation to redundancy provisions. As a result, the court did not approve the agreement. The union and the company were given the opportunity to address the shortcomings and resubmit the agreement for approval.

The court's final orders were that the Enterprise Agreement 2015-2019 between the union and the company was not approved due to inadequate employee protections. The parties were given a chance to revise the agreement and resubmit it for consideration.

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

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Legal Principle Established