DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plumbing, Electrical, Electronic and Refrigeration Vocational Education, Employment and Training Incorporated T/A PEER VEET
(AG2016/2679)

PEER VEET TRAINERS & ASSESSORS ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 20 APRIL 2016

Application for approval of the PEER VEET Trainers & Assessors Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the PEER VEET Trainers & Assessors Enterprise Agreement 2015 (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] 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 Independent Education 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 20 April 2016 and, in accordance with s.54, will operate from 27 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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, trading as PEER VEET, for the approval of the PEER VEET Trainers & Assessors Enterprise Agreement 2015. The dispute arose from the negotiation and subsequent terms of the enterprise agreement between the employer and its employees, who were represented by the United Voice union. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was genuinely negotiated, met the ‘better off overall test’ and included all mandated terms. Specifically, the Commission had to assess if the agreement was negotiated in good faith, if it provided employees with no less favourable financial and conditions than those they would have obtained through a direct agreement with their employer, and if it contained all required terms as outlined in the legislation. Additionally, the Commission considered the impact of the agreement on the broader industrial environment and whether it complied with the principles of the Fair Work Act.

In delivering its decision, the Fair Work Commission examined the process of negotiation and the content of the agreement. The Commission found that the agreement was genuinely negotiated between the parties, met the ‘better off overall test’ and included all mandated terms. The Commission also concluded that the agreement did not have an adverse impact on the broader industrial environment and was compliant with the Fair Work Act. Consequently, the Commission approved the PEER VEET Trainers & Assessors Enterprise Agreement 2015.

As a result of the Commission’s approval, the agreement became legally binding on the parties from the date of the decision. The Commission’s decision highlighted the importance of ensuring that enterprise agreements are genuinely negotiated, meet the ‘better off overall test’ and include all mandated terms, while also considering the broader industrial context.

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