DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1688)

RAPID INSULATION & CLADDING AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 27 JULY 2016

Application for approval of the Rapid Insulation & Cladding 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 Rapid Insulation & Cladding 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 27 July 2016 and, in accordance with s.54, will operate from 3 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 involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to obtain approval of the Rapid Insulation & Cladding and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019. This was heard in the Fair Work Commission, which is responsible for making decisions regarding enterprise agreements under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for approval as set out in the Act and whether the agreement complied with the good faith bargaining provisions. The Commission had to determine if the agreement was genuinely negotiated, whether it included appropriate terms and conditions, and if it adhered to the statutory criteria for approval.

The Commission examined the evidence provided by both parties to assess the genuineness of the bargaining process and the terms of the agreement. It found that the bargaining process was genuine and that the terms of the agreement were reasonable in all respects. The Commission concluded that the agreement complied with the statutory criteria for approval, including meeting the ‘better off overall test’, which requires that employees are not worse off overall as a result of the agreement. The Commission also found that the agreement met the requirements for approval under the Fair Work Act and was compliant with the good faith bargaining provisions.

Following its findings, the Commission approved the Rapid Insulation & Cladding and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019. The agreement is now legally binding on the parties and will remain in effect until the end of the specified period, unless terminated earlier in accordance with the terms of the agreement or by operation of law. The decision provides certainty for employers and employees covered by the agreement and ensures that the terms and conditions of employment are fair and reasonable.

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