DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NSG Plumbing Trust T/A NSG Plumbing Pty Ltd
(AG2016/1751)

NSG PLUMBING TRUST TRADING AS NSG PLUMBING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2016

Application for approval of the NSG Plumbing Trust trading as NSG Plumbing 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 NSG Plumbing Trust trading as NSG Plumbing 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 NSG Plumbing Trust T/A NSG Plumbing 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 10 August 2016 and, in accordance with s.54, will operate from 17 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 NSG Plumbing Trust, trading as NSG Plumbing Pty Ltd, applied for the approval of the CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The application was made under the Fair Work Act 2009, and the dispute involved whether the agreement met the requirements of the legislation, particularly in relation to its fairness and compliance with the Fair Work (Registered Organisations) Act 2009. The Fair Work Commission heard the matter.

The legal issues before the Commission included whether the agreement was made in good faith and whether it contained the necessary provisions to ensure that it was fair and appropriate. The Commission also had to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and whether it included provisions for the protection of employees' rights and interests.

The Fair Work Commission found that the NSG Plumbing Trust had acted in good faith in making the agreement and that the agreement contained the necessary provisions to ensure that it was fair and appropriate. The Commission also found that the agreement complied with the Fair Work (Registered Organisations) Act 2009 and included provisions for the protection of employees' rights and interests. The Commission approved the CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, and the application was successful.

NSG Plumbing Trust T/A NSG Plumbing 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