DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3963)

ESSENTIAL AIRCONDITIONING (VIC) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 2 AUGUST 2016

Application for approval of the Essential Airconditioning (Vic) 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 Essential Airconditioning (Vic) 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 2 August 2016 and, in accordance with s.54, will operate from 9 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 Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Essential Airconditioning (Vic) Pty Ltd. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues addressed by the Commission included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement provided for a fair and efficient workplace, and if it aligned with the principles of the Fair Work Act. Furthermore, the Commission examined whether the agreement allowed for proper consultation and representation of the employees and if it ensured that employees were not disadvantaged.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. It contained all the necessary mandatory terms and was made in good faith, without any evidence of coercion. The Commission noted that the agreement provided for a fair and efficient workplace and adhered to the principles of the Fair Work Act. It was also determined that the agreement allowed for proper consultation and representation of the employees, and that no employee would be disadvantaged as a result of the agreement. Consequently, the Commission approved the Enterprise Agreement, confirming its compliance with the statutory requirements and its benefits to both the employer and 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