DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/1129)

JCM PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2011 - 2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 20 MAY 2015

Application for approval of the JCM Pty Ltd and CEPU - Plumbing Division (VIC) Fire Protection Agreement Victoria 2011 - 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the JCM Pty Ltd and CEPU - Plumbing Division (VIC) Fire Protection Agreement Victoria 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 involves an application for the approval of the JCM Pty Ltd and CEPU - Plumbing Division (VIC) Fire Protection Agreement Victoria 2011 - 2015 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute was heard in the Fair Work Commission, a tribunal with jurisdiction over workplace relations and employment matters in Australia. The union sought approval for the agreement, which was intended to cover the terms and conditions of employment for plumbers within the fire protection industry in Victoria over a specified period.

The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009. The court had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the provisions of the Act, including provisions relating to minimum wages, penalty rates, leave entitlements, and other workplace standards. Additionally, the court needed to assess whether the agreement was made in good faith and whether it was likely to promote harmonious, productive, and cooperative workplace relations.

In its decision, the court found that the agreement satisfied the criteria for approval. The court considered the terms of the agreement and the evidence provided by both parties. It determined that the agreement provided for fair and reasonable terms and conditions of employment and complied with the relevant provisions of the Fair Work Act. The court also found that the agreement was made in good faith and was likely to promote harmonious, productive, and cooperative workplace relations. Based on these findings, the court approved the agreement.

The Fair Work Commission approved the JCM Pty Ltd and CEPU - Plumbing Division (VIC) Fire Protection Agreement Victoria 2011 - 2015, confirming its compliance with the Fair Work Act and its potential to foster positive workplace relations. This decision allows the agreement to be implemented and enforced as a legally binding contract between the parties involved.

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