DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4184)

SUMMIT INSULATION PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 16 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Summit Insulation 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 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 16 August 2016 and, in accordance with s.54, will operate from 23 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Summit Insulation Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019 in the Fair Work Commission. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in compliance with the statutory provisions, including those concerning the rights of employees and the obligations of employers.

The key legal issues before the Commission were whether the agreement provided adequate protections for employees, whether it complied with the procedural requirements for registration, and whether it was consistent with the national workplace relations system. The Commission examined the specific provisions of the agreement, the bargaining process, and whether there were any breaches of the Act. The Union argued that the agreement was fair and balanced, while Summit Insulation Pty Ltd raised concerns about certain clauses and their potential impact on business operations.

After careful consideration, the Commission found that the agreement was compliant with the statutory requirements. The Commission noted that the agreement provided for reasonable terms and conditions, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement did not unfairly disadvantage any party and was consistent with the objectives of the national workplace relations system. The procedural aspects of the bargaining process were found to be satisfactory, and no breaches of the Act were identified.

The Commission approved the agreement, noting that it met the necessary legal standards. The approval ensures that the terms and conditions set out in the agreement will apply to the employees of Summit Insulation Pty Ltd and the CEPU - Plumbing Division Victorian Branch for the duration of the agreement.

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