DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3986)

FIBCON ROOFING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Fibcon Roofing 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 Fibcon Roofing 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 5 August 2016 and, in accordance with s.54, will operate from 12 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 before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Fibcon Roofing Pty Ltd. The union sought approval for the Enterprise Agreement between the parties for the period 2015 to 2019. The Fair Work Commission was the forum for this application.

The legal issues before the court centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the minimum entitlements outlined in the Act, including provisions for minimum wages, leave entitlements, and other employment conditions. Additionally, the court examined whether the agreement was made in good faith and whether it had been appropriately certified by the relevant authorities.

In delivering its judgment, the court examined the provisions of the proposed agreement against the statutory minimum standards. It found that the agreement met all the necessary criteria, including provisions for minimum wages, leave entitlements, and other employment conditions. The court also concluded that the agreement was made in good faith and had been properly certified. Consequently, the court approved the enterprise agreement.

The court ordered the approval of the Fibcon Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 to 2019, confirming its compliance with the Fair Work Act 2009. The agreement was to be registered and would govern the employment conditions between the parties 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