DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O.P. Industries (Melbourne) Pty Ltd
(AG2016/3626)

O.P. INDUSTRIES (MELBOURNE) PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 – 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the O.P. Industries (Melbourne) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the O.P. INDUSTRIES (MELBOURNE) PTY LTD and CEPU – Plumbing Division Victorian Branch 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 O.P. Industries (Melbourne) 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 4 July 2016 and, in accordance with s.54, will operate from 11 July 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 applicant, O.P. Industries (Melbourne) Pty Ltd, applied to the Fair Work Commission for the approval of the O.P. Industries (Melbourne) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The applicant sought to have the agreement registered with the Fair Work Commission, which would provide it with legal enforceability. The dispute was heard by the Fair Work Commission, which is Australia's workplace relations tribunal.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that the agreement must be in writing, provide for a fair and reasonable process for the resolution of workplace disputes, and provide for the protection of employees' rights. The Commission also needed to consider whether the agreement met the "better off overall test", which requires that employees be no worse off financially under the terms of the agreement than they would be under the applicable award or safety net.

The Commission found that the agreement met all the requirements of the Act, including the better off overall test. It noted that the agreement provided for a fair and reasonable process for the resolution of workplace disputes, and that the employees were no worse off financially under the agreement than they would be under the applicable award or safety net. The Commission was satisfied that the agreement was a genuine agreement between the parties, and that it provided for the protection of employees' rights. Accordingly, the Commission approved the agreement and registered it with the Fair Work Commission.

No further orders were made.

O.P. Industries (Melbourne) Pty Ltd

DECISION

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Legal Principle Established