DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/3292)

LAGWELL INSULATION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) INSULATION ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 7 AUGUST 2015

Application for approval of the Lagwell Insulation Pty Ltd and CEPU - Plumbing Division (Vic) Insulation Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Lagwell Insulation Pty Ltd and CEPU - Plumbing Division (Vic) Insulation 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2015. The nominal expiry date of the Agreement is 31 October 2015

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Lagwell Insulation Pty Ltd and CEPU - Plumbing Division (Vic) Insulation Enterprise Agreement 2011-2015. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought to have the enterprise agreement registered as a single-employer agreement under the Fair Work Act 2009. The agreement was proposed to cover employees of Lagwell Insulation Pty Ltd, a company engaged in the insulation industry.

The central legal issue for the Commission to determine was whether the enterprise agreement complied with the requirements of the Fair Work Act, specifically whether it met the criteria for single-employer agreements and whether it provided for the fair and equitable treatment of employees. This included assessing whether the agreement was made in good faith and whether it adhered to the provisions concerning minimum rates of pay, leave entitlements, and other employment conditions.

In assessing the application, the Commission considered the evidence presented by both parties, including the terms of the agreement and any relevant submissions regarding the fairness and compliance of the agreement. The Commission found that the agreement was made in good faith and met all the statutory requirements under the Fair Work Act. The terms of the agreement were deemed to provide for fair and equitable treatment of the employees, including appropriate minimum rates of pay and leave entitlements. Consequently, the Commission approved the application and registered the enterprise agreement as a single-employer agreement.

The Fair Work Commission approved the Lagwell Insulation Pty Ltd and CEPU - Plumbing Division (Vic) Insulation Enterprise Agreement 2011-2015, registering it as a single-employer agreement under the Fair Work Act 2009. The decision confirmed the agreement's compliance with all statutory requirements and its provision for fair and equitable treatment of employees.

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