DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/1468)

AC & L CLANCY ROOFING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 22 JUNE 2015

Application for approval of the AC & L Clancy Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the AC & L Clancy Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement) 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 (CEPU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CEPU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2015. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the AC & L Clancy Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The dispute arose from the negotiations between the union and the employer over the terms of employment for employees in the plumbing division of the company. The Commission was tasked with assessing whether the proposed agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a bona fide enterprise agreement and if it contained the necessary minimum terms and conditions as stipulated by the Act. The Commission had to determine if the agreement was made in good faith, if it covered an appropriate bargaining unit, and if it included all the mandated minimum terms and conditions, including those related to minimum wages, classification, and dispute resolution mechanisms.

The Commission found that the agreement was indeed a bona fide enterprise agreement, having been negotiated in good faith between the parties. It was noted that the agreement covered an appropriate bargaining unit and included all the necessary minimum terms and conditions. The Commission was satisfied that the agreement was fair and reasonable, and it did not contain any provisions that would undermine the rights of employees. Consequently, the application for approval was granted, and the agreement was registered under the Act.

In summary, the Fair Work Commission approved the enterprise agreement between AC & L Clancy Roofing Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement was found to meet all the legal requirements, including being negotiated in good faith and containing the necessary minimum terms and conditions. The registration of the agreement ensures that the terms of employment for the employees in the plumbing division are legally binding and enforceable.

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