DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; SITC Pty Ltd
(AG2016/7894)

SITC PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the SITC Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the SITC Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 is approved and, in accordance with s.54 of the Act, will operate from 10 January 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and SITC Pty Ltd, the Fair Work Commission (FWC) was tasked with approving the SITC Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019. The Union and SITC Pty Ltd, a plumbing and construction company, sought approval for the agreement, which was intended to regulate the employment terms and conditions of workers within the plumbing division.

The legal issues before the FWC centred on whether the agreement met the requirements of the Fair Work Act 2009. The FWC had to determine if the agreement was a “simplified procedure agreement”, if it contained all the prescribed minimum terms and conditions, and if it was made in good faith and without coercion. Additionally, the FWC had to consider if the agreement was procedurally fair and if it provided a safety net for employees.

The FWC found that the agreement was a simplified procedure agreement and contained all the prescribed minimum terms and conditions. The FWC was satisfied that the agreement was made in good faith and without coercion, and that it was procedurally fair. The FWC also found that the agreement provided a safety net for employees by ensuring that they were not disadvantaged by the agreement. The FWC approved the agreement on the basis that it met the requirements of the Fair Work Act 2009.

The FWC approved the SITC Pty Ltd and CEPU - Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015 - 2019, subject to the terms and conditions set out in the agreement. The FWC's decision provides guidance on the requirements for approving enterprise agreements under the Fair Work Act 2009, and highlights the importance of ensuring that agreements are made in good faith and without coercion.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; SITC Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established