DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & S Wooster Pty Ltd T/A Wooster Plumbing
(AG2016/4027)

K & S WOOSTER PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the K & S Wooster 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 K & S Wooster 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 K & S Wooster 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 11 August 2016 and, in accordance with s.54, will operate from 18 August 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

The parties to this case were K & S Wooster Pty Ltd, trading as Wooster Plumbing, and the Electrical Trades Union of Australia (ETUA), representing the CEPU - Plumbing Division Victorian Branch. The dispute revolved around the approval of the K & S Wooster Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The matter was heard in the Fair Work Commission, the body responsible for overseeing workplace relations and enterprise agreements in Australia.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This involved assessing if the agreement contained all the mandatory terms and conditions as stipulated by the Act, and if it had been genuinely negotiated between the parties. Additionally, the Commission had to consider whether the agreement would have a detrimental effect on employees' job security and entitlements.

The Commission found that the agreement met all the mandatory requirements and was the product of genuine bargaining. It was noted that the parties had made a considerable effort to reach an agreement that was fair and balanced. The Commission also concluded that the agreement would not have a detrimental effect on employees' job security or entitlements. Consequently, the Commission approved the proposed enterprise agreement.

In summary, the Fair Work Commission approved the K & S Wooster Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, finding it to be genuinely negotiated and compliant with the Fair Work Act 2009.

K & S Wooster Pty Ltd T/A Wooster Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established