DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1609)

UNITED PLUMBING GROUP PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the United Plumbing Group 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 United Plumbing Group 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 4 July 2016 and, in accordance with s.54, will operate from 11 July 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 involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the CEPU - Plumbing Division Victorian Branch, and United Plumbing Group Pty Ltd, for approval of the Enterprise Agreement 2015-2019. The application was made to the Fair Work Commission, which adjudicated on the matter. The union sought to have the agreement approved under the Fair Work Act 2009, which mandates that certain criteria must be met for an enterprise agreement to be considered "better off overall" for the employees involved.

The key legal issues before the Commission were whether the proposed agreement met the requirements of the Act, particularly in terms of ensuring the agreement was fair and provided better outcomes for the employees. This involved assessing the terms of the agreement against the "better off overall test," which considers the financial and non-financial benefits of the agreement compared to the applicable award or safety net. Additionally, the Commission had to determine if the agreement was appropriately certified by the union and if the necessary procedural requirements had been met.

The Fair Work Commission found that the application met the necessary criteria for approval. The Commission determined that the agreement provided a fair balance of benefits for the employees, including improved wages and conditions, and was consistent with the "better off overall" test. The Commission also confirmed that the union had properly certified the agreement and that all procedural requirements had been met. Consequently, the Fair Work Commission approved the Enterprise Agreement 2015-2019 between the CEPU - Plumbing Division Victorian Branch and United Plumbing Group Pty Ltd.

The Fair Work Commission's decision was made in favour of the union and the employer, approving the Enterprise Agreement 2015-2019. This approval ensures that the agreement will now govern the employment conditions of the workers covered by the agreement for the specified period. The decision provides clarity and legal certainty for both the union and the employer regarding the terms and conditions of employment under the agreement.

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