DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3483)

AQUATECH SYPHONICS PTY LTD & CEPU PLUMBING DIVISION-NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Aquatech Syphonics Pty Ltd & CEPU Plumbing Division-NSW Branch Plumbing Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Aquatech Syphonics Pty Ltd & CEPU Plumbing Division-NSW Branch Plumbing 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 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this matter are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Aquatech Syphonics Pty Ltd. The dispute concerns the approval of the Aquatech Syphonics Pty Ltd & CEPU Plumbing Division-NSW Branch Plumbing Enterprise Agreement 2015-2019. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction to hear and determine applications for approval of enterprise agreements.

The central legal issues for the Commission to decide were whether the agreement was made in accordance with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test" (BOOT). This test assesses whether employees are no worse off and at least some employees are better off financially under the new agreement compared to the previous agreement or applicable award.

The Commission found that the agreement was made in compliance with the Fair Work Act, as it was made through a process that involved genuine bargaining between the parties. Regarding the BOOT, the Commission concluded that the new agreement provided for improved wages and conditions for employees, thereby meeting the test. The Commission noted the increase in wages and the introduction of better provisions for leave and penalty rates, which benefitted the employees.

The Commission approved the agreement under the Fair Work Act. The approval ensures that the terms and conditions outlined in the agreement will apply to the employees of Aquatech Syphonics Pty Ltd and the CEPU Plumbing Division-NSW Branch for the period specified. This decision reflects the Commission's role in facilitating fair and effective workplace agreements that balance the interests of employers and employees.

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