DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1708)

SOUTHERN CROSS PLUMBING & CONTRACTING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 26 JULY 2016

Application for approval of the Southern Cross Plumbing & Contracting Pty Ltd 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 Southern Cross Plumbing & Contracting Pty Ltd 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 26 July 2016 and, in accordance with s.54, will operate from 2 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) and Southern Cross Plumbing & Contracting Pty Ltd (the respondent). The dispute centres on the application for approval of the Enterprise Agreement between the union and the respondent for the period 2015 to 2019. The matter was heard in the Fair Work Commission. The key legal issues before the Commission were whether the Enterprise Agreement complied with the relevant statutory provisions and whether it met the ‘better off overall test’ required for approval.

The Commission examined whether the Enterprise Agreement contained all the mandatory terms and conditions, and whether it had been fairly negotiated. The Commission also considered whether the agreement would lead to employees being better off overall when compared to the applicable award. The Commission noted the union’s argument that the agreement provided for a significant increase in wages and better conditions for employees. The respondent argued that the agreement was necessary to ensure the business’s viability and competitiveness in the industry.

After reviewing the evidence and submissions, the Commission found that the Enterprise Agreement was compliant with the statutory requirements and met the better off overall test. The Commission acknowledged the union’s arguments regarding the improvements in wages and conditions and accepted that the agreement would benefit the employees. The Commission also considered the respondent’s need to maintain competitiveness and viability in the industry. Based on these findings, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Southern Cross Plumbing & Contracting Pty Ltd for the period 2015 to 2019.

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