DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1389)

LICOLA SOUNDLAG AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2016

Application for approval of the Licola Soundlag and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Licola Soundlag and CEPU - Plumbing Division Victorian Branch Lagging 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 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 recent case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU - Plumbing Division Victorian Branch brought an application before the Fair Work Commission to approve the Licola Soundlag and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019. The primary dispute centred on whether the terms of the proposed enterprise agreement complied with the legal requirements set out in the Fair Work Act 2009. The application required careful examination to ensure that the agreement met the necessary standards for approval.

The court was tasked with determining whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement contained minimum terms and conditions, was free from prohibited content, and complied with other relevant statutory requirements. The court also needed to consider whether the agreement had been genuinely negotiated and whether it provided for proper dispute resolution mechanisms. Given the complexity of these issues, the court's analysis was thorough and detailed.

The Fair Work Commission found that the proposed enterprise agreement did indeed comply with all the necessary legal requirements. The agreement was deemed to include all the minimum terms and conditions specified by the Act, and it was free from any prohibited content. Additionally, the court was satisfied that the agreement had been genuinely negotiated and included appropriate provisions for dispute resolution. Consequently, the court approved the agreement, confirming that it met the statutory standards for enterprise agreements. The court's decision ensured that the agreement would provide a fair and legally compliant framework for the employment relationship between the union and the employer.

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