DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/61)

SFS PROJECTS AUSTRALIA PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 15 JANUARY 2015

Application for approval of the SFS Projects Australia 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 SFS Projects Australia 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.

[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 23 January 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 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the SFS Projects Australia Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The dispute centred around the agreement's provisions and whether they complied with the applicable legal framework. The application was heard by the Fair Work Commission, which is responsible for overseeing enterprise agreements and ensuring they meet the necessary standards under Australian labour law.

The key legal issues the Commission had to address included whether the agreement provided for proper consultation between the employer and employees, if it adhered to the prescribed minimum terms and conditions, and whether it was free from any illegal or unfair provisions. The Commission also considered whether the agreement was genuinely negotiated and if it was in the best interests of the employees. The central focus was on verifying that the agreement complied with the Fair Work Act 2009 and any relevant regulations.

The Fair Work Commission, after carefully examining the agreement and the evidence provided by both parties, found that the SFS Projects Australia Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 met the necessary criteria. The Commission was satisfied that the agreement had been genuinely negotiated, contained no illegal or unfair provisions, and provided for adequate consultation between the employer and employees. It also concluded that the agreement adhered to the prescribed minimum terms and conditions and was in the best interests of the employees. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission ordered the approval of the SFS Projects Australia Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the employees covered by the agreement, subject to any further legal challenges or amendments as required by law.

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