DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4198)

ITI GROUP 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 ITI Group 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 ITI Group 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 matter before the Fair Work Commission involved an application for the approval of the ITI Group Pty Ltd and the CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019. The dispute arose under the Fair Work Act 2009, where the union and employer sought to have their enterprise agreement recognised and approved by the Commission.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Act, specifically whether the agreement had been fairly negotiated, and if it contained the necessary minimum entitlements for employees. Additionally, the Commission needed to determine if the agreement complied with procedural requirements, including proper notification and opportunities for consultation with employees.

In delivering its decision, the Commission examined the process by which the agreement was negotiated and whether it adhered to the principles of good faith and freedom of choice. The Commission also assessed the substantive provisions of the agreement to ensure that they provided at least the minimum entitlements mandated by the Act. After careful consideration, the Commission found that the agreement was fairly negotiated, contained the necessary minimum entitlements, and complied with procedural requirements. Consequently, the Commission approved the agreement, providing a framework for the employment conditions of the parties involved for the specified period.

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