DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1166)

DEPENDABLE PLUMBING & DRAINAGE PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of the Dependable Plumbing & Drainage 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 Dependable Plumbing & Drainage 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 27 May 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and Dependable Plumbing & Drainage Pty Ltd (the Employer). The Applicant sought approval for the Dependable Plumbing & Drainage Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 (the Agreement). The dispute was heard in the Fair Work Commission, a body with jurisdiction over workplace relations matters in Australia.

The primary legal issue before the Commission was whether the Agreement met the requirements of section 231 of the Fair Work Act 2009. This section stipulates that an enterprise agreement must provide for the terms and conditions of employment of the employees covered by the agreement, and must be approved by the Commission. The Applicant had to demonstrate that the Agreement met these criteria, and that it was appropriate to approve it.

The Commission considered the provisions of the Agreement and found that it contained all the necessary terms and conditions of employment as required by section 231. The Agreement addressed various aspects of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the Agreement provided for the terms and conditions of employment for the employees covered by it, and that it was appropriate to approve the Agreement. Consequently, the Applicant's application for approval of the Agreement was successful.

The Fair Work Commission approved the Dependable Plumbing & Drainage Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019, recognising it as a valid enterprise agreement under the Fair Work Act 2009. The approval means that the terms and conditions set out in the Agreement will govern the employment of the employees covered by it during the specified period.

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