DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1336)

SICILIANO BROS. T/A CONSOLIDATED PLUMBING AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 2 JUNE 2016

Application for approval of the Siciliano Bros. T/A Consolidated 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 Siciliano Bros. T/A Consolidated 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 9 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 before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the CEPU - Plumbing Division Victorian Branch, and Siciliano Bros. T/A Consolidated Plumbing. The union sought approval of an enterprise agreement for the period 2015-2019, which had been proposed to cover the employees of the respondent company. The agreement was a product of negotiations between the union and the employer, aiming to regulate employment conditions and terms for the specified duration.

The legal issues central to the decision involved the fairness and compliance of the proposed agreement under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the criteria for 'simplification, clarity and accessibility', as well as ensuring it did not undermine the rights and protections of employees. Furthermore, the Commission examined whether the agreement had been made in good faith and whether it provided for the 'safety net' of minimum entitlements for employees.

In reaching its decision, the Commission examined the terms and conditions of the proposed agreement, considering the balance between the interests of the employees and the employer. The Commission found that the agreement, while comprehensive, could be simplified to better meet the legislative requirements for accessibility and clarity. The Commission also noted that the agreement appropriately balanced the interests of both parties and provided for the minimum safety net entitlements. Consequently, the Commission approved the agreement with minor modifications to improve its compliance with the legislative standards.

The final orders of the Commission included the approval of the enterprise agreement with specified modifications to enhance its compliance with the Fair Work Act. These modifications aimed to ensure the agreement met the necessary standards for simplicity, clarity, and accessibility, while maintaining its fairness and effectiveness in regulating the employment conditions of the employees.

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