[2016] FWCA 3908

The attached document replaces the document previously issued with the above code on 20 June 2016.

To amend the original signing date and the date of the correction.

To replace paragraph [1] in its entirety.

Ciaran McAllister on behalf of Member Assist.

Commissioner Roe

Dated 21 June 2016

[2016] FWCA 3908

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1458)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

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

[1] The decision issued by the Fair Work Commission on 17 June 2016 [[2016] FWCA 3908] is corrected as follows:

1. By replacing the nominal expiry date in the last paragraph from “2016” to “2019”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

This case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members, to the Fair Work Commission for the approval of the Enterprise Agreement between Highbury Plumbing Pty Ltd and the CEPU - Plumbing Division Victorian Branch. The agreement covers the period from 2015 to 2019. The court had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The key legal issue was whether the agreement was in the best interests of the employees, taking into account the principles of the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the requirements for good faith bargaining. The court also had to consider whether the agreement would promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission approved the agreement, finding that it was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that it complied with the requirements for good faith bargaining. The court also found that the agreement would promote harmonious, productive and cooperative workplace relations. The Commission made an order approving the agreement and set out the terms and conditions of the agreement in detail.

The final orders included the approval of the agreement, with the nominal expiry date set as 2019. The Fair Work Commission also directed that the agreement be registered with the Australian Industrial Relations Commission. The decision was subject to appeal to the Federal Court of Australia.

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

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established