DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1165)

M & V CONSULTANTS PTY LTD T/A V.I.C. INSULATION CONTRACTORS AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 27 MAY 2016

Application for approval of the M & V Consultants Pty Ltd t/a V.I.C. Insulation Contractors 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 M & V Consultants Pty Ltd t/a V.I.C. Insulation Contractors 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of their members, and M & V Consultants Pty Ltd trading as V.I.C. Insulation Contractors. The dispute before the court was an application for the approval of the Lagging Enterprise Agreement between the union and the company for the period 2015 to 2019. The case was heard in the Fair Work Commission of Australia.

The legal issues the court needed to address were whether the agreement met the criteria for approval under the Fair Work Act 2009, including that it provided for a fair and efficient workplace, that it provided for the genuine agreement of the parties, and that it contained the necessary minimum terms and conditions of employment. The court also had to consider whether the agreement was in the best interests of the employees.

The court found that the agreement met the criteria for approval. It was a genuine agreement between the parties, and it provided for fair and efficient workplaces. The agreement contained the necessary minimum terms and conditions of employment, and it was in the best interests of the employees. The court also found that the agreement did not unfairly disadvantage any group of employees and that it provided for proper mechanisms for dispute resolution.

The court approved the Lagging Enterprise Agreement 2015 - 2019 between the union and the company. The agreement was approved as a registered agreement under the Fair Work Act 2009. The approval is effective from the date of the decision and will remain in place until it is terminated or replaced by a new 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