DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1709)

JETHRO YAU PLUMBING AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the Jethro Yau Plumbing 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 Jethro Yau Plumbing 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 the 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 28 July 2016 and, in accordance with s.54, will operate from 4 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 Jethro Yau Plumbing and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The applicant, Jethro Yau Plumbing, sought to have the enterprise agreement approved by the Commission, which would give it legal effect and enforceability. The Union, as the other party to the agreement, did not oppose the application, although it did raise some concerns regarding certain provisions.

The legal issues before the Commission included whether the enterprise agreement complied with the relevant legislative provisions and whether it met the necessary standards for approval. Specifically, the Commission had to consider whether the agreement was fairly negotiated, contained appropriate terms and conditions of employment, and adhered to the relevant statutory requirements. The Union's concerns centred around the classification of employees and the potential impact on their working conditions and entitlements.

In its decision, the Commission noted that the Union did not oppose the application, which was an important factor in its consideration. The Commission also found that the agreement was fairly negotiated and contained appropriate terms and conditions of employment. The Commission addressed the Union's concerns regarding employee classification and determined that the provisions in question did not adversely affect the employees' working conditions or entitlements. As a result, the Commission approved the enterprise agreement, finding that it met all necessary legal standards for approval.

The Fair Work Commission approved the Jethro Yau Plumbing and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, thereby granting it legal effect and enforceability. The Commission's decision took into account the Union's lack of opposition to the application, as well as its finding that the agreement was fairly negotiated and contained appropriate terms and conditions of employment. The Commission also addressed the Union's concerns regarding employee classification and determined that the provisions in question did not adversely affect the employees' working conditions or entitlements.

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