DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1467)

JAMAIR MECHANCIAL SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Jamair Mechanical Services 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 Jamair Mechanical Services 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 20 June 2016 and, in accordance with s.54, will operate from 27 June 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 (the Union) and Jamair Mechanical Services Pty Ltd (Jamair). The Union sought approval of the Jamair Mechanical Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. This application was brought before the Fair Work Commission (the Commission). The central legal issue was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest and whether it complied with the relevant legislative provisions.

The Commission examined various aspects of the proposed agreement, including its provisions on wages, conditions, and dispute resolution mechanisms. The Union argued that the agreement was fair and reasonable, meeting the criteria for approval. Jamair supported the Union's position, highlighting the agreement's benefits for both employees and the company. In its decision, the Commission assessed the agreement's provisions against the statutory requirements and considered the broader economic and social context. The Commission concluded that the proposed agreement was in the public interest and complied with the necessary legal standards. It found that the agreement provided adequate protections for employees while also allowing for flexibility and efficiency in the workplace.

Consequently, the Commission approved the Jamair Mechanical Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The approval ensures that the agreement can be implemented, providing a stable framework for employment relations between the Union, Jamair, and their employees. The decision reinforces the importance of balancing the interests of employers and employees while adhering to legislative requirements.

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