DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1409)

E & S MECHANICAL AND PLUMBING SERVICES 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 E & S Mechanical and Plumbing 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 E & S Mechanical and Plumbing 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 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 matter before the court involved an application for the approval of an enterprise agreement between E & S Mechanical and Plumbing Services Pty Ltd and the CEPU - Plumbing Division Victorian Branch for the period 2015 to 2019. The application was brought under the Fair Work Act 2009, specifically section 233, which requires the Fair Work Commission to approve an enterprise agreement if it meets certain criteria, including that it does not enable or facilitate unfair dismissals and is free from prohibited content. The application was heard in the Federal Circuit Court of Australia.

The primary legal issues before the court were whether the enterprise agreement contained any provisions that enabled or facilitated unfair dismissals and whether it included any content that was prohibited by the Fair Work Act. These issues required the court to carefully review the terms of the agreement to ensure compliance with the statutory requirements. Additionally, the court had to consider whether the agreement provided for a fair and reasonable resolution of disputes between the parties, in line with the objectives of the Fair Work Act.

In reaching its decision, the court conducted a detailed examination of the agreement, focusing on its provisions regarding termination of employment and dispute resolution. The court found that the agreement did not contain any provisions that enabled or facilitated unfair dismissals and was free from prohibited content. The court was satisfied that the agreement provided for a fair and reasonable resolution of disputes, which aligned with the objectives of the Fair Work Act. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Enterprise Agreement between E & S Mechanical and Plumbing Services Pty Ltd and CEPU - Plumbing Division Victorian Branch for the period 2015 to 2019 be, and was, approved under section 233 of the Fair Work Act 2009.

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