Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2016] FWCA 2352

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia

(AG2016/649)

AUSCOOL AIRCONDITIONING & MECHANICAL SERVICES PTY

LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH

ENTERPRISE AGREEMENT 2015-2019

Plumbing industry

COMMISSIONER LEE

MELBOURNE, 14 APRIL 2016

Application for approval of the Auscool Airconditioning & Mechanical Services 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

Auscool Airconditioning & Mechanical Services 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.
[2016] FWCA 2352

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

21 April 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 Fair Work Commission was asked to approve an enterprise agreement between Auscool Airconditioning & Mechanical Services Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) - Plumbing Division Victorian Branch. The agreement, named the Auscool Airconditioning & Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019, was submitted under section 185 of the Fair Work Act 2009. The CEPU, acting as a bargaining representative for the agreement, applied for its approval. The key issues before the Commissioner were whether the application met the requirements of sections 186, 187, and 188 of the Act, and whether the agreement adequately covered the organisation.

After reviewing the application and associated documentation, the Commissioner concluded that the agreement fulfilled all relevant requirements under the Act. The CEPU had provided the necessary notice under section 183 of the Act, and the agreement was deemed to cover the organisation in accordance with section 201(2) of the Act. The Commissioner found that the agreement was made in good faith and met the criteria for approval under section 185 of the Act. Consequently, the Commissioner approved the enterprise agreement, which will come into effect on 21 April 2016 and expire on 31 October 2019, in accordance with section 54 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established