Creative Plumbing Pty Ltd Summary

[2018] FWCA 1243

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Creative Plumbing Pty Ltd

(AG2017/5018)

Creative Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017

Plumbing industry
Commissioner Lee	MELBOURNE, 28 FEBRUARY 2018

Application for approval of the Creative Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Creative Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Creative Plumbing Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement lodged contained an error at Schedule A.H Clause 2.1. On 19 February 2018, an amended version of the Agreement was filed pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Creative Plumbing Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement with the CEPU - Plumbing Division Victorian Branch. The application was made under section 234 of the Fair Work Act 2009. The nature of the dispute was whether the agreement met the requirements of the Act, particularly with respect to the bargaining and registration processes.

The primary legal issue before the Commission was whether the agreement had been made in accordance with the provisions of the Act. This involved an examination of the bargaining process, whether it had been conducted in good faith and whether the agreement had been fairly negotiated. A secondary issue was whether the agreement contained appropriate provisions for the protection of employees' rights and interests.

The Fair Work Commission found that the agreement had been made in accordance with the Act. The Commission determined that the bargaining process had been conducted in good faith and that the agreement had been fairly negotiated. The Commission also found that the agreement contained appropriate provisions for the protection of employees' rights and interests. Accordingly, the Commission approved the agreement. The Commission made orders approving the agreement under section 234 of the Fair Work Act 2009.

Creative Plumbing Pty Ltd

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