DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1194)

CDC PLUMBING & DRAINAGE AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of the CDC Plumbing & Drainage 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 CDC Plumbing & Drainage 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 matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for the approval of the CDC Plumbing & Drainage and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The decision required the determination of whether the agreement met the requirements set out in the Fair Work Act 2009. The court was tasked with assessing the fairness and validity of the proposed enterprise agreement.

The primary legal issue for the court to decide was whether the enterprise agreement complied with the provisions of the Fair Work Act. This involved examining whether the agreement was free from any unfair content, as defined by the Act, and whether it was made in good faith. The court also needed to consider whether the agreement adequately covered the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The court thoroughly examined the terms of the enterprise agreement, assessing its compliance with the statutory requirements. The Applicant argued that the agreement was fair and had been made in good faith. The court found that the agreement generally met the criteria for approval, as it addressed the necessary terms and conditions of employment and did not contain any unfair content. The court was satisfied that the agreement was fair and had been made in good faith, leading to the conclusion that it should be approved.

In light of the findings, the court approved the CDC Plumbing & Drainage and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The decision confirmed the validity of the agreement, enabling it to be implemented as intended. The approval was based on the court's determination that the agreement was fair and in compliance with the requirements of the Fair Work Act.

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