DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1737)

RAW RECRUITMENT (VIC) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LABOUR HIRE ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the RAW Recruitment (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the RAW Recruitment (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire 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 in the Fair Work Commission involved an application for the approval of the Labour Hire Enterprise Agreement between RAW Recruitment (Vic) Pty Ltd and the CEPU - Plumbing Division Victorian Branch, spanning from 2015 to 2019. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the Commission's endorsement of this agreement, which outlined the terms and conditions of employment for workers in the plumbing division of the labour hire industry in Victoria. The agreement aimed to establish a framework for fair wages, working conditions, and dispute resolution mechanisms.

The legal issues that the Commission was required to address included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of ensuring that it did not disadvantage employees, and whether the agreement had been made in good faith. Additionally, the Commission needed to assess if the agreement contained provisions that were consistent with the objectives of the Act, including promoting high levels of employment and ensuring fair and productive workplace relations.

In reaching its decision, the Commission examined the procedural fairness of the agreement's negotiation process and its substantive content. It considered the balance of rights and obligations, the adequacy of protections for employees, and the overall fairness of the terms and conditions. The Commission noted that the agreement had been negotiated in good faith and that it contained provisions that were consistent with the broader objectives of the Act. The Commission found that the agreement did not disadvantage employees and met the necessary criteria for approval.

Following its analysis, the Commission approved the Labour Hire Enterprise Agreement, recognising it as meeting the standards set out in the Fair Work Act. The approval was granted, and the agreement was registered, effective from the specified period. The decision provided clarity and certainty for the parties involved, ensuring that the terms of employment were fair and legally compliant.

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