DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1414)

STATEWIDE VENTILATION PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 17 JUNE 2016

Application for approval of the Statewide Ventilation Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 (Agreement).

[1] An application has been made for approval of an enterprise agreement known as the Statewide Ventilation 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 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 17 June 2016 and, in accordance with s.54, will operate from 24 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 before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and the Statewide Ventilation Pty Ltd and CEPU - Plumbing Division Victorian Branch (the Employer). The Union sought approval of the Enterprise Agreement 2015-2019 (the Agreement). The dispute centred on the Union's request for the Agreement to be approved with the inclusion of certain provisions, which the Employer contested on the grounds that they were not in accordance with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the provisions in question complied with the requirements of the Act. Specifically, the Employer argued that some provisions did not meet the criteria for being "directly related" to the terms and conditions of employment as outlined in section 235 of the Act. The Union, on the other hand, contended that the provisions were directly related to the employment terms and conditions and thus should be approved as part of the Agreement.

In its decision, the Commission examined each contested provision in detail, considering whether they related directly to the terms and conditions of employment as defined by the Act. The Commission found that while some provisions were directly related and could be approved, others did not meet the statutory criteria and therefore could not be included in the Agreement. The Commission's reasoning was based on a careful interpretation of the Act and the specific language of the provisions in question. Ultimately, the Commission approved the Agreement with modifications to exclude the provisions that did not comply with the Act.

The final orders of the Commission were that the Agreement be approved with specific provisions excluded from the approved text. These provisions were deemed not to be directly related to the terms and conditions of employment as required by the Act. The rest of the Agreement was approved as presented by the Union, subject to the modifications made by the Commission.

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