DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/10383)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 5 JANUARY 2015

Application for approval of the Metway Group Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Metway Group 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. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 January 2015 and, in accordance with s.54, will operate from 9 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

In the case between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Metway Group Pty Ltd, the dispute revolved around the approval of the CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The matter was adjudicated in the Fair Work Commission. The union sought approval for the enterprise agreement, which had been negotiated between the union and the employer, to ensure that the terms and conditions of employment for the employees covered by the agreement were fair and reasonable.

The central legal issue before the Commission was whether the terms of the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for registration. The Commission also needed to determine if the agreement contained any provisions that were contrary to public policy or had an adverse effect on the employees' ability to be protected by the safety net of minimum wages and conditions.

After reviewing the submissions from both parties and considering the evidence presented, the Commission found that the enterprise agreement was fair and reasonable in all its terms. The Commission concluded that the agreement provided for appropriate protections for employees and did not contain any provisions that were contrary to public policy. Additionally, the Commission determined that the agreement complied with the procedural requirements for registration. Consequently, the Commission approved the enterprise agreement, enabling it to come into effect from the date of the decision.

The Fair Work Commission approved the CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, determining that it met the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the procedural requirements for registration. As a result, the agreement is now in effect, governing the employment relationship between the union, the employer, and the 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