DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1455)

GESCHKE 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 Geschke 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 Geschke 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 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, represented by its Victorian Branch, and Geschke Pty Ltd, sought approval for an Enterprise Agreement from the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the necessary legislative requirements for such approval. The matter was heard in the Fair Work Commission, a federal workplace relations tribunal established under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the Enterprise Agreement met the criteria for approval under section 232 of the Fair Work Act, and if the bargaining process adhered to the procedural fairness principles. Specifically, the Commission needed to determine if the agreement was made in good faith, if it included the appropriate employee representatives, and if it provided for the proper classification and remuneration of employees. Additionally, the Commission examined whether the agreement was consistent with the relevant federal laws and the broader public interest.

After reviewing the submissions from both parties and considering the evidence presented, the Fair Work Commission found that the Enterprise Agreement was made in good faith and included appropriate employee representatives. The Commission also determined that the agreement was consistent with the relevant federal laws and met the necessary criteria for approval. The Commission concluded that the agreement provided for the proper classification and remuneration of employees and was in the best interests of the employees covered by it. Consequently, the Commission approved the Enterprise Agreement.

As a result of the Commission's decision, the Geschke Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 was approved and is now legally binding on the parties involved. This decision provides clarity and certainty for the employees and employers covered by the agreement, ensuring that their rights and obligations are properly governed.

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