DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1335)

NU GEN INDUSTRIES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2016

Application for approval of the Nu Gen Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Nu Gen Industries Pty Ltd and CEPU – Plumbing Division Victorian Branch Lagging 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 7 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 court involved an application for the approval of an enterprise agreement between Nu Gen Industries Pty Ltd and the CEPU - Plumbing Division Victorian Branch. This application was brought before the Fair Work Commission, which holds jurisdiction over such matters under the Fair Work Act 2009. The primary concern of the application was whether the proposed agreement met the legal criteria for approval, including provisions regarding wages, conditions, and other employment terms. The dispute centred on the fairness and reasonableness of the terms contained within the agreement, with the union and the employer presenting their respective positions.

The legal issues before the court required a determination of whether the agreement complied with the statutory requirements set forth in the Fair Work Act. Specifically, the court had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any coercive or discriminatory practices. Furthermore, the court needed to examine if the agreement met the procedural requirements for negotiation and if it adhered to the provisions concerning minimum wages and other entitlements. The central issue was to balance the interests of the employer and the union while ensuring compliance with the overarching legislative framework.

The Fair Work Commission, after thorough examination of the evidence and submissions from both parties, found that the proposed enterprise agreement was fair and reasonable. The court considered the evidence provided by both the employer and the union, including the negotiation process, the terms of the agreement, and the impact on the employees. The commission determined that the agreement did not contain any discriminatory provisions and that it was negotiated in good faith. The court also noted that the agreement provided for adequate wage increases and other benefits, which were commensurate with the economic conditions and industry standards. Consequently, the Fair Work Commission approved the enterprise agreement, finding it to be in compliance with all relevant legal requirements.

The final orders of the court included the approval of the Nu Gen Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019, with the effective date of the agreement set as the date of the commission's decision. The court mandated that the employer and the union comply with the terms and conditions outlined in the approved agreement, and that any disputes arising under the agreement be referred to the Fair Work Commission for resolution. This decision provided certainty and finality to the terms of employment between the parties, allowing them to proceed with the implementation of the 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