DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1161)

SPI PLUMBING PTY LTD AND CEPU- PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 25 MAY 2016

Application for approval of the SPI Plumbing Pty Ltd and CEPU- Plumbing Division (Vic) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the SPI Plumbing Pty Ltd and CEPU- Plumbing Division (Vic) Enterprise Agreement 2016-2019 (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 matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the SPI Plumbing Pty Ltd and CEPU-Plumbing Division (Vic) Enterprise Agreement 2016-2019. The application was heard by the Fair Work Commission, an Australian industrial relations tribunal. The union sought approval of the enterprise agreement, which outlined the terms and conditions of employment for workers within the plumbing industry. The agreement was intended to govern the relationship between the employer, SPI Plumbing Pty Ltd, and the union representing the employees.

The primary legal issue the tribunal had to address was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the tribunal had to determine whether the agreement met the criteria for registration under section 231 of the Act, including whether it was a good faith bargain and provided for fair and reasonable terms and conditions of employment. The tribunal also had to consider whether the agreement contained any provisions that were inconsistent with the Act or any other relevant legislation.

In making its decision, the tribunal considered the evidence presented by both parties and the terms of the agreement itself. The tribunal found that the agreement was a good faith bargain and provided for fair and reasonable terms and conditions of employment. The tribunal also found that the agreement did not contain any provisions that were inconsistent with the Act or any other relevant legislation. The tribunal was satisfied that the agreement met all the criteria for registration under section 231 of the Act, and accordingly approved the agreement.

The tribunal's approval of the enterprise agreement means that it will be legally binding on the employer and the employees covered by the agreement. The agreement will govern the terms and conditions of employment for the relevant workers for the duration of the agreement, which is three years. The approval of the agreement is an important step in ensuring that workers in the plumbing industry have access to fair and reasonable terms and conditions of employment, and that employers and employees can work together in a cooperative and productive manner.

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