DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1250)

ON POINT HEATING AND COOLING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 25 MAY 2016

Application for approval of the On Point Heating and Cooling 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 On Point Heating and Cooling 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 1 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 involves an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and On Point Heating and Cooling Pty Ltd. The matter was heard by the Fair Work Commission. The dispute centred around the terms of the proposed agreement and whether it complied with the relevant industrial legislation. The union argued that the agreement was fair and reasonable, while the employer contested certain provisions, primarily related to employee entitlements and work conditions.

The central legal issues before the Commission were whether the agreement met the formal requirements under the Fair Work Act 2009, and if it was fair and reasonable in terms of the provisions contained within. The Commission had to determine whether the agreement was genuinely negotiated, not disadvantageous, and contained the necessary provisions as required by law. Additionally, the court needed to consider whether the agreement adequately protected the interests of the employees and whether it adhered to the principles of good faith bargaining.

The Fair Work Commission, after examining the evidence and submissions from both parties, found that the enterprise agreement was genuinely negotiated and did not disadvantage any party. The Commission concluded that the agreement met all formal requirements and was fair and reasonable. The Commission emphasised that the agreement provided for appropriate protections and benefits for employees, and that it was consistent with the principles of good faith bargaining. Consequently, the application for approval was granted.

The final orders of the Commission were that the On Point Heating and Cooling Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would apply to the relevant employees from the date of the Commission's decision.

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