DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1386)

GAB SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the GAB 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 GAB 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 the 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 16 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and GAB Services Pty Ltd, focusing on the application for approval of the Enterprise Agreement between the union and the employer for the period 2015 to 2019. The union submitted the agreement for approval, seeking confirmation that the terms and conditions of employment outlined within the agreement met the requirements of Australian labour law. The dispute centred on whether the agreement adequately addressed the rights and obligations of both parties under the Fair Work Act 2009.

The legal issues before the commission were whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to the procedural fairness in its creation and whether it contained all the mandated minimum terms and conditions. The commission had to determine if the agreement appropriately balanced the interests of the employees and the employer, ensuring it did not unfairly disadvantage either party and met the standards set for enterprise agreements.

In delivering its decision, the commission considered the submissions from both parties and the evidence presented. It assessed the procedural fairness of the agreement’s development, scrutinising the negotiation process to ensure it was conducted appropriately. The commission also examined the content of the agreement to verify that it included all the minimum terms and conditions required by the Fair Work Act and that it did not unfairly disadvantage any party. The commission concluded that the agreement met the necessary standards and approved it, highlighting that the agreement appropriately balanced the interests of both the union and the employer.

The final orders of the commission were to approve the GAB Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019, confirming its compliance with the Fair Work Act and its appropriateness in terms of procedural fairness and content. The approval meant that the terms and conditions outlined in the agreement would legally govern the employment relationship between the union and the employer for the specified period.

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