DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3968)

NGI TRAINING AND SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 2 AUGUST 2016

Application for approval of the NGI Training and Services 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 NGI Training and Services 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 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the NGI Training and Services Pty Ltd, with the CEPU - Plumbing Division Victorian Branch also a party. The central issue before the court was whether the National Gas Industry Training and Services Pty Ltd and the CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019 should be approved, as per the requirements of the Fair Work Act 2009. The application for approval was lodged with the Fair Work Commission, which subsequently referred the matter to the Federal Court for a determination on the merits.

The court was tasked with examining whether the agreement met the criteria set forth in the Fair Work Act, particularly whether it provided for the fair and efficient determination of terms and conditions of employment. The court assessed the agreement against the 'better off overall test', ensuring that employees were not worse off and that the agreement facilitated efficient workplace relations. The court also considered the process by which the agreement was made, including whether proper consultation and negotiation processes were followed, and whether the agreement was genuinely intended to be an enterprise agreement.

In delivering its judgment, the court found that the agreement satisfied the statutory requirements. The court confirmed that the agreement was fair and efficient, as it provided for a balanced set of terms and conditions that adequately addressed the interests of both employers and employees. Furthermore, the court was satisfied that the process of reaching the agreement was compliant with the legal standards, with proper consultation and negotiation processes having been observed. Consequently, the court approved the agreement, thereby allowing it to take effect from the specified commencement date.

The final orders of the court were that the National Gas Industry Training and Services Pty Ltd and the CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019 be approved, effective from the date specified in the agreement. The court's decision provided clarity and certainty for the parties involved, enabling the agreement to be implemented as intended.

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