DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

PJM Engineering Services Pty Ltd
(AG2016/5796)

PJM ENGINEERING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 OCTOBER 2016

Application for approval of the PJM ENGINEERING SERVICES 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 PJM ENGINEERING SERVICES 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V). 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 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 is approved and, in accordance with s.54 of the Act, will operate from 10 October 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

PJM Engineering Services Pty Ltd sought approval for the PJM ENGINEERING SERVICES PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 (Cth). The dispute centred on whether the agreement contained adequate provisions for employees' rights and obligations, particularly focusing on the terms of employment, wages, and dispute resolution mechanisms.

The central legal issues were whether the agreement complied with the minimum standards set by the Act and if it had been genuinely negotiated between the parties. The Commission considered whether the agreement provided for a fair and equitable workplace, including whether it contained all the required minimum terms and conditions, and whether there was evidence of genuine bargaining. Additionally, the Commission examined if the agreement had been made in good faith and whether it was in the best interests of the employees.

The FWC concluded that the agreement was compliant with the statutory requirements. The Commission found that the agreement contained all the required minimum terms and conditions and demonstrated evidence of genuine bargaining. The FWC was satisfied that the agreement had been made in good faith and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms, including adequate provisions for wages, hours of work, and dispute resolution mechanisms. Consequently, the FWC approved the enterprise agreement.

The Fair Work Commission approved the PJM ENGINEERING SERVICES PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019, finding it to be compliant with the statutory requirements under the Fair Work Act 2009 (Cth). The Commission determined that the agreement was genuinely negotiated, contained all the required minimum terms and conditions, and was in the best interests of the employees. The approval of the agreement was made effective from 1 April 2016, for a period of three years.

PJM Engineering Services 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