DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plumbing, Electrical, Electronic and Refrigeration Vocational Education, Employment and Training Incorporated T/A PEER
(AG2018/5520)

PEER VEET TRAINERS & ASSESSORS ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER BISSETT	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the PEER VEET Trainers & Assessors Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PEER VEET Trainers & Assessors Enterprise Agreement 2018 (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. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Plumbing, Electrical, Electronic and Refrigeration Vocational Education, Employment and Training Incorporated, trading as PEER, applied to the Fair Work Commission for approval of the PEER VEET Trainers & Assessors Enterprise Agreement 2018. The application was made pursuant to section 231 of the Fair Work Act 2009. The Commission was required to consider whether the agreement met the requirements of section 230 of the Act.

The legal issues before the Commission included whether the agreement was a "good faith" agreement, whether it complied with the "better off overall test", and whether it contained all the mandated terms and conditions. The Commission considered submissions from both PEER and the union representing the employees, the Australian Education Union. The union raised concerns about certain provisions of the agreement, including those relating to classification, pay rates, and conditions.

The Fair Work Commission determined that the agreement was a good faith agreement and satisfied the better off overall test. The Commission found that the agreement contained all the mandated terms and conditions and was therefore approved. The Commission noted that the agreement provided for a number of improvements to the employees' conditions, including increases to pay rates and the introduction of additional leave provisions. The Commission also found that the agreement provided for appropriate processes for the resolution of disputes between the parties.

The Fair Work Commission approved the PEER VEET Trainers & Assessors Enterprise Agreement 2018, subject to certain minor modifications to ensure compliance with the Fair Work Act 2009. The modifications included the addition of a clause relating to the payment of annual leave and the clarification of certain provisions relating to the classification of employees. The agreement is now registered and binding on all parties.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established