DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1613)

SAGECON 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 Sagecon 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 Sagecon 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Sagecon Pty Ltd, where the union sought approval of an enterprise agreement. The Fair Work Commission (FWC) was tasked with examining the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, particularly concerning the procedural fairness and the substantive fairness of the agreement terms.

The primary legal issues before the FWC were whether the agreement was made in accordance with the procedural requirements of the Fair Work Act, and whether it complied with the substantive fairness test. The FWC had to determine if there was genuine bargaining between the parties, if the agreement terms were fair and reasonable, and if the union had properly represented its members in the bargaining process. The FWC also needed to ensure that the agreement did not contravene any minimum entitlements provided for under the National Employment Standards or other industrial instruments.

In its decision, the FWC confirmed that the agreement had been made following proper procedural steps, with evidence of genuine bargaining between the parties. The FWC assessed the terms of the agreement against the substantive fairness criteria and found that the agreement did not disadvantage the employees. The FWC considered the economic and non-economic factors, including industry benchmarks, and concluded that the agreement was fair and reasonable. The union had adequately represented its members throughout the bargaining process. Based on these findings, the FWC approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement, finding it met the legal requirements under the Fair Work Act. The decision was made on the basis that the agreement was the product of genuine bargaining, it contained fair and reasonable terms, and the union had properly represented its members. The approval ensures that the terms of the agreement will govern the employment conditions between Sagecon Pty Ltd and the union members for the specified period.

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