DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4117)

NUGROUP INSULATION LAGGING AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the NuGroup Insulation Lagging 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 NuGroup Insulation Lagging 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 11 August 2016 and, in accordance with s.54, will operate from 18 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the NuGroup Insulation and the CEPU - Plumbing Division Victorian Branch Lagging. The dispute was about whether the NuGroup Insulation Lagging Enterprise Agreement 2015 - 2019 should be approved. The Fair Work Commission was the court handling the case.

The central legal issue the court had to resolve was whether the agreement met the criteria for being an improved off-the-job agreement under the Fair Work Act 2009. The criteria included whether the agreement provided for terms and conditions that were at least equal to the applicable award or registered agreement, and whether it met the off-the-job requirements. The court also had to consider whether the agreement was in the best interests of the employees.

The Fair Work Commission determined that the agreement met the requirements of an improved off-the-job agreement. The commission found that the agreement provided for terms and conditions that were at least equal to the applicable award or registered agreement. Additionally, the agreement satisfied the off-the-job requirements and was in the best interests of the employees. The commission noted that the agreement provided for a number of benefits for employees, including increased wages and improved working conditions. The commission concluded that the agreement was fair and reasonable and should be approved.

The Fair Work Commission approved the NuGroup Insulation Lagging Enterprise Agreement 2015 - 2019, subject to certain conditions. The agreement was approved as a simplified agreement under section 178 of the Fair Work Act 2009. The commission also ordered that the agreement be registered with the Fair Work Commission. The decision was made on the basis that the agreement met the requirements of an improved off-the-job agreement and was in the best interests of the employees.

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