DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1337)

HASS PUMPS PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2016

Application for approval of the Hass Pumps 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 Hass Pumps 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 14 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 between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Hass Pumps Pty Ltd involved an application for the approval of the Enterprise Agreement 2015 - 2019. The dispute was heard in the Fair Work Commission, which has jurisdiction over employment-related matters in Australia. The CEPU sought to have the agreement, which outlined the terms and conditions of employment for its members at Hass Pumps, approved by the Commission.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement met the requirements for a protected action ballot, if the bargaining process was fair and in good faith, and whether the agreement provided for minimum terms and conditions as required by law. The Commission also considered the fairness of the agreement's provisions to both employees and the employer.

The Fair Work Commission found that the agreement was compliant with the necessary legal standards. It determined that the bargaining process was conducted in good faith and that the agreement provided for the minimum terms and conditions as required by law. The Commission also found that the agreement was fair and reasonable in all its aspects. Consequently, the Commission approved the Enterprise Agreement 2015 - 2019 between the CEPU and Hass Pumps Pty Ltd, effective from the date of the decision.

The Commission's decision concluded that the agreement met all legal requirements and was fair and reasonable. The approval of the agreement was thus granted, allowing it to take effect as a legally binding contract between the CEPU and Hass Pumps Pty Ltd 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