DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/5153)

MARK BENNETT PLUMBING AND GAS PTY LTD T/A STEEL DECK ROOFING AND CEPU – PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 12 OCTOBER 2015

Application for approval of the Mark Bennett Plumbing and Gas Pty Ltd T/A Steel Deck Roofing and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Mark Bennett Plumbing and Gas Pty Ltd T/A Steel Deck Roofing and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (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 12 October 2015 and, in accordance with s.54, will operate from 19 October 2015. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the Mark Bennett Plumbing and Gas Pty Ltd T/A Steel Deck Roofing and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The union sought approval for the enterprise agreement under the Fair Work Act 2009. The legal issues at hand required the commission to determine whether the agreement met the requirements for approval as a registered agreement, specifically focusing on whether it contained all the mandatory terms and conditions specified in the Fair Work Act and whether it adhered to procedural fairness principles.

The commission first examined the comprehensiveness of the agreement, ensuring it included all mandatory terms and conditions as required by the Fair Work Act. It assessed whether the agreement contained adequate provisions regarding wages, hours of work, leave, and other employment conditions. The commission also considered the agreement's compliance with procedural fairness, scrutinising whether the bargaining process was conducted in good faith and whether there was sufficient representation of the parties involved. Furthermore, the commission evaluated whether the agreement was free from any unfair content that might disadvantage employees.

After thorough examination, the commission determined that the agreement substantially complied with the mandatory terms and conditions outlined in the Fair Work Act. The agreement was found to include provisions for wages, hours of work, leave, and other necessary employment conditions. The commission also concluded that the bargaining process had been conducted in good faith and that the representation of the parties was adequate. Consequently, the commission approved the enterprise agreement as compliant with the statutory requirements.

The final orders included the approval of the Mark Bennett Plumbing and Gas Pty Ltd T/A Steel Deck Roofing and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, effective from the date of the commission's decision. The agreement was to be registered with the Fair Work Commission, thereby providing a legally binding framework for the employment relationship between the employer and the employees covered by the agreement.

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