DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/909)

SPECIALISED ESSENTIAL SERVICES GROUP PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 28 APRIL 2015

Application for approval of the Specialised Essential Services Group 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 Specialised Essential Services Group 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 (the 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 5 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

In the matter of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union applied to the Fair Work Commission for approval of the Specialised Essential Services Group Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The application was opposed by the employer, who raised concerns about the fairness of certain provisions of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the agreement contained any terms that were unfair, whether the agreement was in compliance with the relevant provisions of the Fair Work Act, and whether the agreement was made in good faith. The employer argued that certain provisions of the agreement were unfair, while the union argued that the agreement was fair and in compliance with the relevant provisions of the Act.

In considering these issues, the Fair Work Commission found that the agreement contained certain provisions that were unfair and did not meet the criteria for approval. The employer's concerns about the fairness of certain provisions were upheld, and the agreement was not approved. The Fair Work Commission found that the agreement did not meet the criteria for approval under section 233 of the Fair Work Act 2009, as it contained terms that were not fair.

The Fair Work Commission dismissed the union's application for approval of the agreement. The agreement was not approved, and the employer's concerns about the fairness of certain provisions were upheld. The Fair Work Commission's decision provides guidance to employers and unions on the criteria for approval of enterprise agreements under the Fair Work Act 2009.

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