DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cooke & Dowsett Pty Ltd
(AG2016/1679)

COOKE AND DOWSETT PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 14 JULY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Cooke and Dowsett Pty Ltd and CEPU - Plumbing Division Victorian Branch 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 Cooke & Dowsett 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.

[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 21 July 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

The applicant, Cooke & Dowsett Pty Ltd, sought approval of the Enterprise Agreement between the company and the CEPU - Plumbing Division Victorian Branch. The matter was heard in the Fair Work Commission. The applicant argued that the agreement was appropriate and should be approved. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically regarding the scope of the agreement and the appropriate bargaining representatives.

The key issue before the Commission was whether the agreement was genuinely an enterprise agreement as defined in the Fair Work Act 2009. The applicant needed to demonstrate that the agreement was made in good faith and that it covered a single enterprise. The Commission needed to assess the scope of the agreement and determine whether it was appropriate for the enterprise in question.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement and approved it. The Commission concluded that the agreement was made in good faith and covered a single enterprise, as it was intended to cover all employees of the applicant company who were members of the CEPU - Plumbing Division Victorian Branch. The Commission found that the agreement was appropriate for the enterprise and that it complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission approved the Enterprise Agreement between Cooke & Dowsett Pty Ltd and the CEPU - Plumbing Division Victorian Branch for the period 2015 to 2019. The Commission found that the agreement was genuinely an enterprise agreement, made in good faith, and covered a single enterprise. The Commission concluded that the agreement was appropriate for the enterprise and complied with the relevant provisions of the Fair Work Act 2009.

Cooke & Dowsett 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