DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1388)

BP PLUMBING AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the BP Plumbing 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 BP Plumbing 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 matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval of the BP Plumbing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The parties involved were the union and the employers, represented by BP Australia Pty Ltd. The dispute arose from the union's request for the Fair Work Commission to approve the enterprise agreement, which outlined the terms and conditions of employment for plumbing workers in Victoria.

The legal issues before the court centred on whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the public interest and if it contained provisions that were fair and reasonable, taking into account the needs and interests of the employees and employers. The court also had to consider whether the agreement provided for the fair resolution of disputes and promoted high levels of productivity and efficiency.

In reaching its decision, the court examined the content of the enterprise agreement and the submissions made by the union and employers. The court found that the agreement was in the public interest and contained provisions that were fair and reasonable. The court also determined that the agreement provided for the fair resolution of disputes and promoted high levels of productivity and efficiency. As a result, the court approved the enterprise agreement.

The final orders of the court were that the BP Plumbing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 be approved by the Fair Work Commission. The agreement was to come into effect on the date of the approval and would remain in force until it was terminated or replaced by a new agreement. The court also ordered that the union and employers comply with the terms of the approved agreement.

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