DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3107)

VENMIST PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of the Venmist Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Venmist Pty Ltd and CEPU Plumbing Division Mechanical Union Collective 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 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Venmist Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the approval of this agreement under the Fair Work Act 2009. The dispute centred on whether the terms and conditions outlined in the agreement were consistent with the Act's provisions, specifically those relating to the 'better off overall test' and the requirements for 'enterprise flexibility'.

The central legal issues before the Commission were whether the proposed agreement met the statutory criteria for approval, including compliance with the 'better off overall test', which requires that the agreement provides employees with outcomes that are no worse than their previous entitlements and, in some cases, better. The Commission also had to consider whether the agreement adequately facilitated 'enterprise flexibility', allowing for arrangements that are more efficient or effective than those provided for in the relevant award. Further, the Commission needed to ensure that the agreement did not unfairly disadvantage any group of employees and that it complied with other relevant statutory requirements.

In its reasoning, the Commission assessed the agreement against the statutory benchmarks and criteria. It found that the agreement did indeed provide for terms and conditions that met the better off overall test for the majority of employees. The Commission noted that while some employees might face a reduction in certain entitlements, their overall financial position was improved due to the enhancements in other areas such as leave provisions and salary increases. The Commission also found that the agreement effectively facilitated enterprise flexibility by allowing for a more efficient and effective operation of the workplace. After a thorough review, the Commission concluded that the agreement was consistent with the Act and approved it, finding that it met all the necessary statutory requirements.

The Fair Work Commission approved the Venmist Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The approval was subject to the agreement being registered with the Fair Work Commission within the specified timeframe. This decision ensures that the terms and conditions of employment for the relevant employees are legally recognised and enforceable, providing a framework for their employment relationship moving forward.

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