DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1098)

OOMIAK PROJECTS PTY LTD AND THE CEPU PLUMBING DIVISION (VIC) COMMERCIAL REFRIGERATION AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of the Oomiak Projects Pty Ltd and the CEPU Plumbing Division (Vic) Commercial Refrigeration Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Oomiak Projects Pty Ltd and the CEPU Plumbing Division (Vic) Commercial Refrigeration 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 31 May 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the CEPU Plumbing Division (Vic) and Oomiak Projects Pty Ltd. The dispute centred around the application for approval of the CEPU Plumbing Division (Vic) Commercial Refrigeration Agreement 2015-2019. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for registration and approval.

The primary legal issues the Commission had to address were whether the agreement was a "bargaining agreement" as defined under the Fair Work Act 2009 and whether it complied with the requirements for registration. This included assessing the bargaining process, the coverage of the agreement, and its adherence to the procedural requirements set out in the Act. The Commission also needed to consider whether the agreement met the "better off overall test" and whether it contained provisions that complied with the "good faith" and "public interest" tests.

The Fair Work Commission found that the agreement was a genuine bargaining agreement, as it was made between the union and the employer following a proper bargaining process. The Commission determined that the agreement was properly registered and met the statutory criteria for approval. It was satisfied that the agreement was "better off overall" for the employees covered by it, and that it contained provisions that were in good faith and in the public interest. The Commission approved the agreement, finding it to be fair and reasonable for the employees and employers involved.

The final order of the Commission was the approval of the CEPU Plumbing Division (Vic) Commercial Refrigeration Agreement 2015-2019, recognising it as a valid and binding agreement between the union, the employer, and the employees. The agreement was registered and would remain in effect until its expiration date or until a new agreement was made. This decision provided clarity and certainty for the parties involved, ensuring that the terms of the agreement were fair and met the statutory requirements.

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