DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4201)

ELITE MECHANICAL SOLUTIONS PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 18 AUGUST 2016

Application for approval of the Elite Mechanical Solutions 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 Elite Mechanical Solutions 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 18 August 2016 and, in accordance with s.54, will operate from 25 August 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 Elite Mechanical Solutions Pty Ltd. The dispute was heard by the Fair Work Commission, where the union applied for the approval of the Elite Mechanical Solutions Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically in terms of its provisions, coverage, and procedural fairness.

The Commission examined the agreement's provisions to ensure they complied with the Act and Regulations, including minimum entitlements, workplace rights, and obligations. The Commission also assessed whether the agreement was appropriately scoped and covered all relevant employees within the defined bargaining unit. Furthermore, the Commission considered whether the agreement was fairly and properly negotiated and whether the union had followed proper procedures in seeking approval. Upon review, the Commission determined that the enterprise agreement was compliant with the relevant legislation and that all procedural fairness requirements were met. Consequently, the Commission approved the agreement, thereby resolving the union's application.

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