DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plumbco Services Pty Ltd T/A Plumbco Services
(AG2018/1421)

PLUMBCO SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2017 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 13 JULY 2018

Application for approval of the Plumbco Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Plumbco Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plumbco Services Pty Ltd T/A Plumbco Services. 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 20 July 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Plumbco Services Pty Ltd, trading as Plumbco Services, applied for the approval of their enterprise agreement with the CEPU - Plumbing Division Victorian Branch for the period 2017-2019. The application was heard in the Fair Work Commission, which has the jurisdiction to approve, reject or vary enterprise agreements under the Fair Work Act 2009. The CEPU - Plumbing Division Victorian Branch opposed the application, raising concerns about the fairness and coverage of the agreement.

The legal issues before the Commission were whether the agreement complied with the requirements of the Act, including the 'better off overall test' and whether the agreement was genuinely negotiated. The Commission examined the fairness of the terms and conditions, the process of negotiation, and whether the agreement met the statutory criteria for approval. The Commission also considered the evidence and submissions from both parties.

The Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The Commission determined that the agreement was not unfair and provided for a better outcome for employees overall, considering the benefits and protections provided. The Commission concluded that the agreement was fair and met the criteria for approval under the Act. The application for approval was thus granted.

The Commission ordered the approval of the Plumbco Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017-2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would remain in force until the end of the specified period, or until varied or replaced by a new agreement.

Plumbco Services Pty Ltd T/A Plumbco Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established