DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laboratory Systems Group Pty Ltd
(AG2016/3703)

LABORATORY SYSTEMS GROUP PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 26 JULY 2016

Application for approval of the Laboratory Systems Group Pty Ltd and CEPU - Plumbing Division Victorian Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Laboratory Systems Group Pty Ltd and CEPU - Plumbing Division Victorian Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laboratory Systems Group 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 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 in this case were Laboratory Systems Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute was the application for approval of the Laboratory Systems Group Pty Ltd and CEPU - Plumbing Division Victorian Enterprise Agreement 2016 - 2019. The court that heard the case was the Fair Work Commission (FWC). The FWC was tasked with determining whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the court had to decide were whether the enterprise agreement was made in good faith, whether it contained the required minimum terms and conditions, and whether it was properly certified. The FWC had to consider the evidence presented by both parties and ensure that the agreement met the legislative requirements. A key issue was whether the agreement's provisions regarding wages, hours of work, and other employment conditions were fair and reasonable.

The FWC found that the enterprise agreement was made in good faith and contained the required minimum terms and conditions. The FWC also determined that the agreement was properly certified, as it was certified by an independent registered bargaining agent. The FWC concluded that the agreement met the criteria for approval under the Fair Work Act 2009. The FWC considered the evidence presented by both parties and found that the agreement provided for fair and reasonable terms and conditions of employment.

The FWC approved the enterprise agreement, and it came into effect on 1 January 2017. The approval of the agreement resolved the dispute between the parties, and it provided a framework for the terms and conditions of employment for the employees covered by the agreement. The FWC's decision was based on a thorough consideration of the evidence and the relevant legislation, and it provided clarity and certainty for both parties moving forward.

Laboratory Systems Group 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