DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/1098)

C.P.P INDUSTRIES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) INSULATION ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 20 MAY 2015

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

[1] An application has been made for approval of a single-enterprise agreement known as the C.P.P Industries 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) 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 27 May 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 matter before the Fair Work Commission involved an application for approval of the Insulation Enterprise Agreement between C.P.P Industries Pty Ltd and the CEPU - Plumbing Division (Vic) for the period 2011-2015. The Applicant union sought approval of the agreement, while the Applicant employer did not oppose the application but raised concerns regarding the fairness of certain provisions. The dispute was heard and determined by the Fair Work Commission.

The legal issues the court needed to decide were whether the provisions of the agreement were fair and reasonable, and if they complied with the relevant legislative requirements. Specifically, the court had to examine the terms and conditions of the agreement, including the provisions related to wages, hours of work, and other employment conditions. The court also had to consider whether the agreement was genuinely negotiated between the parties and whether it provided for a fair and reasonable outcome for both parties.

The court found that the agreement was genuinely negotiated and provided for a fair and reasonable outcome for both parties. The court noted that the agreement contained provisions that were consistent with the relevant legislative requirements and that the terms and conditions were not unreasonable. The court also found that the provisions related to wages and hours of work were fair and reasonable, and that the agreement did not contain any terms that were contrary to public policy. Based on these findings, the court approved the agreement.

The court made an order approving the Insulation Enterprise Agreement between C.P.P Industries Pty Ltd and the CEPU - Plumbing Division (Vic) for the period 2011-2015. The order included specific terms and conditions of the agreement, which were deemed to be fair and reasonable. The court also noted that the agreement was subject to the relevant legislative requirements and that any disputes arising out of or in connection with the agreement would be dealt with in accordance with the relevant industrial laws.

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