DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/6210)

BRINSEL INDUSTRIES AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2016

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 3 DECEMBER 2015

Application for approval of the Brinsel Industries and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2016.

[1] An application has been made for approval of an enterprise agreement known as the Brinsel Industries and CEPU – Plumbing Division (Vic) Enterprise Agreement 2011-2016 (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. 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 29 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Brinsel Industries Pty Ltd (the Employer). The dispute arose in relation to the Union's application for approval of the Brinsel Industries and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2016 under section 233 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the enterprise agreement met the "better off overall test" (BOOT) as outlined in section 230 of the Fair Work Act 2009. The BOOT requires that the terms of an enterprise agreement must not be less favourable to employees than the applicable award or safety net award, and that the agreement must be better off overall for the employees covered by it compared to the safety net award. The Union argued that the agreement was fair and met the BOOT, while the Employer contended that it did not.

The Fair Work Commission found that the enterprise agreement met the BOOT. The Commission considered the terms of the agreement and compared them to the relevant award provisions. It concluded that the agreement provided employees with better pay and conditions than the safety net award and that it was therefore fair and met the requirements of the Act. The Union's application for approval of the enterprise agreement was subsequently granted.

The Fair Work Commission made an order approving the Brinsel Industries and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2016 as a registered agreement under section 186 of the Fair Work Act 2009. The agreement is now legally binding on the Employer and the employees covered by it, and will remain in effect until it is replaced by a new agreement or until it is terminated in accordance with the 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