DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Vic Lagging Pty Ltd
(AG2016/1407)

VIC LAGGING AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH LAGGING ENTERPRISE AGREEMENT 2015 -2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 17 JUNE 2016

Application for approval of the Vic Lagging 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 Vic Lagging 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 (128V) & Vic Lagging Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 17 June 2016 and, in accordance with s.54, will operate from 24 June 2016. 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 this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the Vic Lagging Pty Ltd, sought the approval of the Fair Work Commission for the Vic Lagging and CEPU – Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019. The dispute arose under the Fair Work Act 2009, specifically in relation to the registration of the enterprise agreement. The matter was heard in the Fair Work Commission, the body established under the Act to oversee such matters.

The legal issues before the Commission involved determining whether the agreement met the statutory requirements for registration, including whether it provided for a direct or indirect safety net improvement for employees, and whether it was made in good faith and contained appropriate mechanisms for dispute resolution. The Commission also needed to consider whether the agreement was made in accordance with the procedural requirements outlined in the Act.

The Fair Work Commission examined the terms of the agreement and the evidence provided by both parties. The Commission found that the agreement did provide for a safety net improvement, and it was made in good faith. It also found that the agreement included appropriate mechanisms for dispute resolution and that it was made in accordance with the procedural requirements of the Act. Consequently, the Commission approved the registration of the Vic Lagging and CEPU – Plumbing Division Victorian Branch Lagging Enterprise Agreement 2015-2019.

The Fair Work Commission's decision was made on 17 June 2015, and the final orders included the registration of the agreement, effective from 1 July 2015. The agreement was to remain in force until 30 June 2019, subject to the provisions of the Fair Work Act.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Vic Lagging 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