DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laboratory Systems Group Pty Ltd
(AG2021/5012)

LABORATORY SYSTEMS GROUP PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2020 - 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2021

Application for approval of the Laboratory Systems Group Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024.

[1] Laboratory Systems Group Pty Ltd has made an application for approval of an enterprise agreement known as the Laboratory Systems Group Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024 (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 13 May 2021 and, in accordance with s 54, will operate from 20 May 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

The applicant, Laboratory Systems Group Pty Ltd, applied for the approval of the Laboratory Systems Group Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024. The dispute was heard in the Fair Work Commission, where the applicant sought to have the proposed enterprise agreement approved and registered under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement complied with the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith.

The court considered the provisions of the Fair Work Act and examined the proposed agreement to determine if it met the necessary criteria for approval. The court noted the importance of ensuring that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was made in good faith. After careful consideration, the court found that the agreement met the requirements of the Act and was therefore approved and registered. The court's decision was based on its finding that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was made in good faith.

The court's approval of the enterprise agreement ensures that the terms and conditions of employment for the employees covered by the agreement are legally recognised and enforceable. The final orders of the court included the approval and registration of the Laboratory Systems Group Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024, which will now be binding on the parties and their employees.

Laboratory Systems Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established