DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Entire Mechanical Services Pty Ltd
(AG2016/3098)

ENTIRE MECHANICAL SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of the ENTIRE MECHANICAL SERVICES 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 ENTIRE MECHANICAL SERVICES 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 Entire Mechanical Services 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 31 May 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

Entire Mechanical Services Pty Ltd was involved in a dispute regarding the approval of an enterprise agreement with the CEPU - Plumbing Division Victorian Branch. The case was heard by the Fair Work Commission. The primary issue before the court was whether the agreement met the necessary criteria for approval, particularly concerning the fairness and reasonableness of its terms and conditions, in line with the Fair Work Act 2009. The applicant, Entire Mechanical Services Pty Ltd, argued that the agreement was fair and reasonable, while the respondent, CEPU - Plumbing Division Victorian Branch, raised concerns about certain provisions, suggesting they were not in line with the broader principles of fairness.

The court examined various aspects of the agreement, including wage rates, working hours, leave entitlements, and other employment conditions. It considered whether the agreement provided for adequate protections and benefits for employees, and whether it was negotiated in good faith. The court also evaluated the submissions and evidence provided by both parties, including expert testimony and economic analysis. The Fair Work Commission applied the statutory framework set out in the Fair Work Act, focusing on whether the agreement met the standards of fairness and reasonableness as required by law.

After careful consideration, the court found that the enterprise agreement was fair and reasonable. It determined that the terms and conditions of the agreement provided adequate protections for employees and were negotiated in good faith. The court was satisfied that the agreement met all the necessary criteria for approval, as outlined in the Fair Work Act. Consequently, the application for approval of the enterprise agreement was successful, and the agreement was certified as meeting the statutory requirements.

As a result of the court's decision, the Entire Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 was approved and certified. This certification allows the agreement to be registered and enforceable as a protected-action agreement under the Fair Work Act, providing a legally binding framework for the employment relationship between the parties for the specified period.

Entire Mechanical Services 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