DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/460)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 12 MARCH 2015

Application for approval of the Vanguard Plumbing 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 Vanguard Plumbing 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 19 March 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 the approval of the Vanguard Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically concerning the procedural fairness of the bargaining process and the substantive terms of the agreement. The Commission was required to assess if the agreement met the criteria for approval, including whether it had been fairly negotiated and if it contained appropriate provisions for employee rights and protections.

The key legal issues addressed by the Commission were the adequacy of the bargaining process and the fairness of the terms within the enterprise agreement. The Commission examined whether the agreement was genuinely negotiated between the parties and if it contained terms that were consistent with the principles of procedural and substantive fairness. The Commission also considered whether the agreement provided adequate protections for employees and if it aligned with the broader objectives of the Fair Work Act.

In reaching its decision, the Commission evaluated the evidence presented by both parties regarding the bargaining process. The Commission found that the agreement had been fairly negotiated and that the parties had engaged in good faith discussions. The Commission also determined that the substantive terms of the agreement were fair and reasonable, providing appropriate protections for employees. Based on these findings, the Commission approved the enterprise agreement, noting that it met the statutory requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Vanguard Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, finding it to be fairly negotiated and in compliance with the Fair Work Act. The Commission's approval was based on the evidence of a genuine and fair bargaining process, as well as the substantive fairness of the agreement's terms. This decision affirmed the agreement's validity and ensured that it would provide the intended protections and benefits to employees covered by the agreement.

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