DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/1097)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 20 MAY 2015

Application for approval of the Civiworks 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 Civiworks Pty Ltd 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 (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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Civiworks Pty Ltd. The dispute arose from an application to the Fair Work Commission for the approval of a particular enterprise agreement, specifically the Civiworks Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The matter was heard in the Federal Court of Australia.

The legal issues before the court included whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, particularly focusing on whether the agreement provided for the protection of employee entitlements and the fair treatment of employees. Additionally, the court examined whether the agreement complied with the procedural requirements set forth in the Act for enterprise agreements.

The court examined the agreement in detail, considering the provisions concerning wages, conditions, and other entitlements. The decision highlighted that the agreement provided for fair and reasonable terms and conditions, including provisions for minimum wage rates, penalty rates, and other employee benefits. The court also considered the process by which the agreement was negotiated and the extent to which employees were consulted. The court found that the agreement complied with all statutory requirements and was therefore approved.

In conclusion, the court approved the enterprise agreement, finding that it met all necessary statutory requirements and provided for fair and reasonable terms and conditions for employees. The decision confirms that the agreement can proceed as intended, subject to the terms and conditions outlined in the approved document.

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