DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1408)

ECO AIRCONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 15 JUNE 2016

Application for approval of the ECO Airconditioning 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 ECO Airconditioning 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 15 June 2016 and, in accordance with s.54, will operate from 22 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 applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of an enterprise agreement with ECO Airconditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch. The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including the provisions relating to the protection of employees' rights and interests.

The Commission examined the provisions of the agreement to ensure it met the criteria for approval, such as covering a specified group of employees, addressing minimum terms and conditions, and being free from illegal content. The union argued that the agreement provided fair and reasonable terms and conditions for the employees, while the employer contended that certain clauses were unreasonable and not in line with the law. The Commission found that the agreement generally complied with the statutory requirements, although some minor amendments were necessary to address specific concerns about particular clauses. The union and employer were given an opportunity to negotiate and resolve these issues.

Ultimately, the Commission approved the enterprise agreement with certain conditions, including modifications to specific clauses to ensure they aligned with the Fair Work Act. The union and employer were directed to negotiate and finalise these changes within a specified timeframe. The Court's decision provided clarity on the requirements for approving enterprise agreements and highlighted the importance of protecting employees' rights and interests while balancing the needs of employers.

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