DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4183)

NRS CONTRACTORS PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 16 AUGUST 2016

Application for approval of the NRS Contractors 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 NRS Contractors 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 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

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union brought an application before the Fair Work Commission seeking approval of the NRS Contractors Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The dispute arose from the negotiation of the enterprise agreement between the union and the employer, with the union asserting that the agreement met the necessary requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was fairly and properly negotiated, contained appropriate provisions for employee protection and workplace relations, and met the criteria for approval under the Fair Work Act. The Commission examined the negotiation process, the content of the agreement, and whether it complied with the relevant statutory provisions and principles of good faith bargaining.

The Fair Work Commission found that the agreement had been fairly and properly negotiated, contained appropriate provisions for employee protection and workplace relations, and met the criteria for approval. The Commission concluded that the union had acted in good faith and within the scope of its authority in negotiating the agreement. The Commission also noted that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the NRS Contractors Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019, recognising it as meeting the necessary requirements under the Fair Work Act. The Commission's decision affirms the validity of the agreement and its provisions for employee protection and workplace relations. This outcome provides clarity and certainty for both the union and the employer in relation to the terms and conditions of employment for employees covered by 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