DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1453)

SDS PLUMBING & DRAINAGE 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 SDS Plumbing & Drainage 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 SDS Plumbing & Drainage 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by SDS Plumbing & Drainage Pty Ltd, lodged an application for the approval of the SDS Plumbing & Drainage Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. SDS Plumbing & Drainage Pty Ltd contested the application, raising issues regarding the adequacy of the proposed agreement’s terms and conditions. The Commission was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009, including whether it provided for minimum terms and conditions, and if it was free from provisions that would undermine industrial harmony.

The Commission examined the provisions of the agreement to ensure compliance with the statutory minimum standards set out in the Fair Work Act. The analysis involved verifying whether the proposed terms and conditions adequately covered areas such as minimum wages, leave entitlements, and other employment protections. The Commission also assessed the fairness and reasonableness of the agreement, taking into account the bargaining positions of the parties and the overall impact on industrial relations. In reaching its decision, the Commission considered submissions from both parties and evaluated the agreement against established legal principles.

After careful consideration of the submissions and the terms of the agreement, the Fair Work Commission determined that the proposed Enterprise Agreement did meet the necessary criteria for approval. The Commission found that the agreement provided for the minimum terms and conditions required by law and did not contain any provisions that would be detrimental to industrial harmony. Consequently, the Commission approved the SDS Plumbing & Drainage Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, allowing it to take effect as intended.

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