DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M&V Consultants Pty Ltd T/A V.I.C Insulation Contractors
(AG2017/2037)

V.I.C INSULATION (VIC) PTY LTD PLUMBING & CEPU PLUMBING CONTRACTING ENTERPRISE AGREEMENT 2017-2019

Tasmania
COMMISSIONER LEE	MELBOURNE, 6 JULY 2017

Application for approval of the V.I.C Insulation (Vic) Pty Ltd Plumbing & CEPU Plumbing Contracting Enterprise Agreement 2017-2019.

[1] An application has been made for approval of a greenfields agreement known as the V.I.C Insulation (Vic) Pty Ltd Plumbing & CEPU Plumbing Contracting Enterprise Agreement 2017-2019 (Agreement). The application was made by M&V Consultants Pty Ltd T/A V.I.C Insulation Contractors pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2017. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application by M&V Consultants Pty Ltd, trading as V.I.C Insulation (Vic) Pty Ltd, for the approval of a plumbing and plumbing contracting enterprise agreement for the period 2017-2019. The application was brought before the Fair Work Commission, an Australian federal independent statutory body. The primary dispute centres on whether the proposed agreement adequately meets the legal criteria for approval under the Fair Work Act 2009, specifically concerning the agreement's alignment with the "better off overall test" and the procedural fairness of its negotiation process.

The central legal issues before the Commission were whether the agreement provided employees with a fair and reasonable benefit overall when compared to the applicable award and whether the process leading to the agreement's negotiation was conducted in a manner that was procedurally fair and in compliance with relevant legislative requirements. A significant aspect of the inquiry involved scrutinising the fairness of the agreement's terms, including wages, hours, and other conditions, to ensure they were equitable and reflective of the bargaining positions of both parties.

The Commission deliberated on the application, taking into account the submissions from both parties and the evidence presented. It was determined that the agreement did meet the better off overall test as it provided employees with terms that were at least as good as those in the applicable award, and in many respects, better. Furthermore, the Commission found that the negotiation process was procedurally fair, with both parties having had a genuine opportunity to bargain in good faith. Consequently, the Commission approved the agreement, recognising its alignment with the legislative requirements and its fairness to the employees.

The Fair Work Commission approved the V.I.C Insulation (Vic) Pty Ltd Plumbing & CEPU Plumbing Contracting Enterprise Agreement 2017-2019, affirming its compliance with the statutory criteria under the Fair Work Act 2009.

M&V Consultants Pty Ltd T/A V.I.C Insulation Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established