DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/315)

AIR ALLIANCE INVESTMENTS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the Air Alliance Investments 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 Air Alliance Investments 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 (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 6 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 case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Air Alliance Investments Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The Fair Work Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the minimum terms and conditions as stipulated by the Fair Work Act, and whether it allowed for fair and flexible workplace arrangements. The Commission also had to consider whether the agreement included appropriate dispute resolution mechanisms and if it was in the best interests of the employees covered by the agreement.

The Fair Work Commission determined that the agreement did meet the necessary legislative requirements and was in the best interests of the employees. The Commission noted that the agreement provided for the minimum terms and conditions, as well as provisions for flexible working arrangements. It also found that the dispute resolution mechanisms were appropriate and that the agreement did not result in any significant detriment to the employees. The Commission approved the agreement, emphasising the importance of fair and flexible workplace arrangements for both employers and employees.

In summary, the Fair Work Commission approved the Air Alliance Investments Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, finding that it met the necessary legislative requirements and was in the best interests of the employees covered by the agreement. The Commission highlighted the importance of flexible workplace arrangements and appropriate dispute resolution mechanisms in achieving a fair and balanced 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