DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/1467)

WILSON PLUMBING AND DRAINAGE PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 22 JUNE 2015

Application for approval of the Wilson Plumbing and Drainage 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 Wilson Plumbing and Drainage 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

The applicants, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and CEPU - Plumbing Division (Vic), sought approval of the Enterprise Agreement between themselves and Wilson Plumbing and Drainage Pty Ltd. The application was heard in the Fair Work Commission, with Deputy President R S Parker presiding. The dispute centred around the provisions of the proposed Enterprise Agreement and whether it complied with the requirements of the Fair Work Act 2009. Key issues included whether the agreement was genuinely negotiated, contained the necessary minimum entitlements, and whether it was in the best interests of the employees.

The court examined whether the agreement was genuinely negotiated, as required by section 228 of the Fair Work Act 2009. It also considered whether the agreement contained the necessary minimum entitlements, as stipulated in section 232 of the Act. Furthermore, the court evaluated whether the agreement was in the best interests of the employees, as per section 233 of the Act. The applicants argued that the agreement was genuinely negotiated and contained all the necessary minimum entitlements, while the respondents raised concerns about specific provisions of the agreement.

The court found that the agreement was genuinely negotiated, as evidenced by the extensive negotiations between the parties. The court also determined that the agreement contained all the necessary minimum entitlements, as it provided for wages, conditions, and other benefits that met or exceeded the requirements of the Fair Work Act 2009. Furthermore, the court concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms that balanced the needs of both the employees and the employer. Consequently, the court approved the Enterprise Agreement.

The court ordered that the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CEPU - Plumbing Division (Vic), and Wilson Plumbing and Drainage Pty Ltd for the period 2011-2015 be approved, effective from the date of the decision.

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