DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Insulpak Trust T/A Insulpak Pty Ltd
(AG2018/5051)

INSULPAK TRUST TRADING AS INSULPAK PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2018

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 24 OCTOBER 2018

Application for approval of the Insulpak Trust trading as Insulpak Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Insulpak Trust trading as Insulpak Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Insulpak Trust T/A Insulpak 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 October 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Insulpak Trust, trading as Insulpak Pty Ltd, sought approval for the CEPU - Plumbing Division (Vic) Enterprise Agreement 2018. The applicant's application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU), which argued that the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement contained provisions that were contrary to the public interest or not genuinely intended to be bargaining outcomes, and whether the agreement provided for the proper protection of employees' interests.

The Commission considered the submissions of both parties and examined the contents of the agreement in detail. The Commission found that the agreement did not contain any provisions that were contrary to the public interest or not genuinely intended to be bargaining outcomes. The Commission also found that the agreement provided for the proper protection of employees' interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission noted that the agreement had been negotiated in good faith and that the applicant had provided extensive evidence to support its application for approval.

Accordingly, the Commission approved the CEPU - Plumbing Division (Vic) Enterprise Agreement 2018 as a single, independent, and lawful agreement. The CFMMU's objections were dismissed, and the agreement was registered with the Commission. The Commission emphasised the importance of enterprise agreements as a means of promoting fair and productive workplace relations, and encouraged all parties to continue to engage in good faith bargaining to achieve outcomes that are in the best interests of both employers and employees.

Insulpak Trust T/A Insulpak 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