DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1235)

PROTECH PERSONNEL (VIC) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LABOUR HIRE ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 1 JUNE 2016

Application for approval of the Protech Personnel (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Protech Personnel (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire 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 8 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 parties involved in this matter are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, referred to as the Union, and Protech Personnel (Vic) Pty Ltd, referred to as Protech. The dispute centred on the application for approval of the Protech Personnel (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire Enterprise Agreement 2015-2019. This case was heard in the Fair Work Commission of Australia. The Union applied for the approval of the enterprise agreement, while Protech did not oppose the application but raised concerns about certain provisions.

The primary legal issue the court had to address was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a genuine enterprise agreement, if it had been fairly negotiated, and if it contained terms that were not contrary to public policy. Additionally, the court needed to assess if the agreement was in the best interests of the employees it covered.

In its reasoning, the court found that the enterprise agreement was genuine, having been negotiated in good faith by the parties. The court acknowledged Protech's concerns but concluded that the agreement's provisions did not contravene public policy and were in the best interests of the employees. The court noted the parties' efforts to address the concerns raised and accepted that the agreement met all legal requirements. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Protech Personnel (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire Enterprise Agreement 2015-2019 be approved. The agreement was to be registered under the Fair Work Act 2009 and would apply to the relevant employees from the date of approval.

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