DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gainhill Pty Ltd ATF Signal & Hobbs Unit Trust T/A Signal & Hobbs
(AG2021/53)

GAINHILL PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 FEBRUARY 2021

Application for approval of the Gainhill Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Gainhill Pty Ltd ATF Signal & Hobbs Unit Trust T/A Signal & Hobbs has made an application for approval of an enterprise agreement known as the Gainhill Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 February 2021 and, in accordance with s 54, will operate from 9 February 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gainhill Pty Ltd, trading as Signal & Hobbs, and the CEPU – Plumbing Division Victorian Branch applied for approval of their enterprise agreement for the period 2019-2023. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest and if it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The Fair Work Commission assessed the application against the statutory criteria set out in the Fair Work Act. The Commission considered whether the agreement was in the public interest, taking into account factors such as its potential impact on the broader economy, employment relations, and workplace practices. The Commission also evaluated whether the agreement provided for fair and reasonable terms and conditions for employees, ensuring it met the minimum standards prescribed by the Act. The Commission found that the proposed agreement was in the public interest and provided for fair and reasonable terms and conditions for employees.

Consequently, the Fair Work Commission approved the Gainhill Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019-2023. This decision reflects the Commission's determination that the agreement met the necessary criteria and would serve the interests of both the employees and the broader community. The approval of the agreement ensures that it will now be in effect for the specified period, providing a framework for employment relations between the parties involved.

Gainhill Pty Ltd ATF Signal & Hobbs Unit Trust T/A Signal & Hobbs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established