DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3969)

TESKO FIRE PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 2 AUGUST 2016

Application for approval of the Tesko Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Tesko Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 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 case before the court was an application for the approval of an industrial instrument, specifically the Tesko Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019. The applicant, the union, sought approval of this agreement under section 234 of the Fair Work Act 2009. The respondent, the employer, opposed the application, arguing that the agreement did not meet the criteria for approval as it was not in the best interests of the employees. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement should be approved under section 234 of the Fair Work Act 2009, which requires the Commission to consider whether the agreement is in the best interests of the employees. The Commission also had to determine whether the agreement met the requirements for approval, including whether it contained only matters that could be the subject of an enterprise agreement and whether it complied with the good faith bargaining obligations. The respondent argued that the agreement was not in the best interests of the employees, while the applicant argued that it was.

The Commission found that the agreement met the requirements for approval under the Fair Work Act 2009. The Commission noted that the agreement contained only matters that could be the subject of an enterprise agreement and that it complied with the good faith bargaining obligations. The Commission also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome for both parties. The Commission rejected the respondent's argument that the agreement was not in the best interests of the employees, finding that the respondent had not provided sufficient evidence to support this claim.

The Commission approved the Tesko Fire Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019, finding that it met the requirements for approval under the Fair Work Act 2009 and was in the best interests of the employees. The respondent's application for approval of the agreement was dismissed.

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