DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plumbing, Electrical, Electronic and Refrigeration Vocational Education, Employment and Training Incorporated T/A PEER VEET
(AG2017/1941)

PEER VEET APPRENTICE AND TRAINEE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 4 AUGUST 2017

Application for approval of the PEER VEET Apprentice and Trainee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PEER VEET Apprentice and Trainee Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plumbing, Electrical, Electronic and Refrigeration Vocational Education, Employment and Training Incorporated T/A PEER VEET. The Agreement is a single enterprise agreement.

[2] 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2017. The nominal expiry date of the Agreement is 17 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Plumbing, Electrical, Electronic and Refrigeration Vocational Education, Employment and Training Incorporated T/A PEER VEET for the approval of the PEER VEET Apprentice and Trainee Enterprise Agreement 2016. The Commission was asked to consider the application and determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including whether it provided for a modern award, whether it was free from prohibited content, and whether it was made in good faith and without coercion. The Commission considered the provisions of the agreement and the submissions made by the parties.

After careful consideration, the Commission found that the agreement met the criteria for approval. The Commission noted that the agreement provided for a modern award, was free from prohibited content, and was made in good faith and without coercion. The Commission also found that the agreement provided for a fair and reasonable outcome for both employers and employees. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The final orders of the Commission included the approval of the PEER VEET Apprentice and Trainee Enterprise Agreement 2016, with modifications to ensure compliance with the Fair Work Act. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on a specified date. The parties were directed to take all necessary steps to give effect to the agreement and to comply with the Fair Work Act.

Plumbing, Electrical, Electronic and Refrigeration Vocational Education, Employment and Training Incorporated T/A PEER VEET

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established