DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Insulpak Trust
(AG2021/4056)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MARCH 2021

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

[1] Insulpak Trust has made an application for approval of an enterprise agreement known as the Insulpak 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. The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[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 11 March 2021 and, in accordance with s 54, will operate from 18 March 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

In the Fair Work Commission, the applicant, Insulpak Pty Ltd, sought approval for the Insulpak Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023. The respondent, CEPU – Plumbing Division Victorian Branch, opposed the application, raising concerns about the agreement's provisions. The dispute revolved around the interpretation and application of certain clauses within the proposed agreement.

The primary legal issues before the court were whether the agreement contained provisions that were contrary to the public interest, and whether it adequately addressed the needs and protections of the employees covered by the agreement. The court was required to carefully consider the balance between the employer's interests and the employees' rights, ensuring that the agreement complied with the relevant legislation.

After thoroughly reviewing the evidence and submissions from both parties, the court found that the agreement did not contain any provisions that were contrary to the public interest. The court determined that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The court was satisfied that the agreement provided adequate protections for employees and that it was consistent with the objectives of the Fair Work Act. Consequently, the court approved the Insulpak Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

The court's decision was based on the understanding that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. The court found that the agreement complied with the relevant legislation and did not contain any provisions that were contrary to the public interest. The court's approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are fair, reasonable, and consistent with the objectives of the Fair Work Act.

Insulpak Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established