DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3984)

SALTER COMMERCIAL 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 Salter Commercial 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 Salter Commercial 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the Salter Commercial Pty Ltd and CEPU - Plumbing Division Victorian Branch, applied to the Fair Work Commission for approval of the Enterprise Agreement 2015 - 2019. The agreement was contested by the Plumbing Industry Training Authority, who argued that the proposed training provisions were insufficient. The matter was heard in the Fair Work Commission, presided over by Commissioner McCabe.

The primary legal issue before the Commission was whether the training provisions in the proposed Enterprise Agreement were adequate. The Plumbing Industry Training Authority argued that the provisions did not sufficiently ensure the ongoing training and development of employees in the plumbing industry, which was essential for maintaining industry standards and qualifications. The Commission had to consider whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for appropriate training mechanisms.

The Fair Work Commission found that the training provisions in the proposed Enterprise Agreement were deficient. While the agreement included provisions for initial training and a requirement for ongoing training, the Commission determined that these provisions were not robust enough to ensure the necessary skill development and industry standards were maintained. The Commission also noted that the agreement did not adequately address the need for ongoing training and professional development, which was critical for the industry. As a result, the Commission did not approve the Enterprise Agreement. The Commission emphasised the importance of comprehensive training provisions in enterprise agreements to protect the interests of employees and the industry.

The Fair Work Commission did not grant approval for the Enterprise Agreement. The Commission directed the parties to return to the negotiating table to address the deficiencies in the training provisions. The Commission outlined specific areas that needed to be improved, including clearer requirements for ongoing training, mechanisms for ensuring compliance with industry standards, and provisions for monitoring and reporting on training outcomes. The Commission emphasised that any revised agreement must adequately address these issues to be approved under the Fair Work Act.

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