DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/6277)

SCB PLUMBING & ROOFING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) LATROBE VALLEY ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 3 DECEMBER 2015

Application for approval of the SCB Plumbing & Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Latrobe Valley Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the SCB Plumbing & Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Latrobe Valley Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 3 December 2015 and, in accordance with s.54, will operate from 10 December 2015. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the SCB Plumbing & Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Latrobe Valley Enterprise Agreement 2013-2016. The applicant, CEPU, sought approval of the agreement under the Fair Work Act 2009, while the respondent, SCB, raised objections to certain provisions within the agreement. The case was heard in the Fair Work Commission, a body established under the Fair Work Act to resolve disputes concerning workplace relations and industrial matters. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, particularly focusing on the fairness and reasonableness of the terms contained within.

The central legal issues that the Fair Work Commission had to address included the interpretation and application of specific sections of the Fair Work Act, particularly those concerning the registration and approval of enterprise agreements. The primary focus was on whether the provisions of the agreement complied with the procedural and substantive requirements of the Act. The Commission needed to assess if the agreement was made in good faith, if it contained terms that were fair and reasonable, and if it adhered to the procedural requirements for enterprise agreements. Additionally, the Commission needed to consider the objections raised by SCB and determine if any of the terms were unfair or unreasonable.

In delivering its decision, the Fair Work Commission thoroughly examined the terms of the agreement and the objections raised by SCB. The Commission found that while some of the provisions raised concerns, the overall agreement was made in good faith and contained terms that were fair and reasonable. The Commission noted that the agreement addressed key areas such as wages, hours of work, and other conditions of employment. It also considered the nature of the industry and the specific circumstances of the parties involved. The Commission concluded that despite some procedural shortcomings, the agreement met the necessary criteria for approval and was in the best interests of the employees covered by the agreement. The objections raised by SCB were not sufficient to invalidate the agreement.

The Fair Work Commission approved the SCB Plumbing & Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Latrobe Valley Enterprise Agreement 2013-2016, subject to certain conditions and modifications to address the procedural issues identified during the hearing. The Commission's decision provided clarity on the interpretation and application of the Fair Work Act in relation to the approval of enterprise agreements and reinforced the importance of good faith bargaining and fair terms in workplace agreements.

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