DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Special Gases Enterprises Pty Ltd T/A Special Gases
(AG2020/4031)

SPECIAL GASES ENTERPRISES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JANUARY 2021

Application for approval of the Special Gases Enterprises Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Special Gases Enterprises Pty Ltd T/A Special Gases has made an application for approval of an enterprise agreement known as the Special Gases Enterprises Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 January 2021 and, in accordance with s 54, will operate from 12 January 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Special Gases Enterprises Pty Ltd, trading as Special Gases, sought approval for an enterprise agreement with the CEPU – Plumbing Division Victorian Branch. The dispute was heard in the Fair Work Commission, with the respondent being the union representing the employees. The central issue before the commission was whether the proposed enterprise agreement complied with the relevant legislative requirements, particularly the Fair Work Act 2009. The commission needed to determine if the agreement met the statutory standards for good faith bargaining, whether it contained terms that were contrary to public policy or were otherwise unenforceable, and if it provided appropriate protections and benefits for the employees.

The commission examined the process of bargaining and whether it had been conducted in good faith. It considered if the agreement included any terms that were in contravention of the public policy or were unenforceable under the law. Furthermore, the commission assessed the provisions of the agreement concerning wages, conditions, and other employment terms to ensure they were fair and reasonable. The commission also reviewed submissions from both parties and any relevant evidence provided. After careful consideration of these factors, the commission determined that the agreement was compliant with the requirements of the Fair Work Act 2009.

The commission concluded that the enterprise agreement was approved as it met the necessary legislative standards. It found that the bargaining process had been conducted in good faith, and the terms of the agreement did not contravene public policy or any other legal requirements. The commission confirmed that the agreement provided fair and reasonable terms for the employees, taking into account their needs and the interests of the employer. The decision was made in the interest of achieving a fair and effective resolution of the dispute between the parties.

The Fair Work Commission approved the Special Gases Enterprises Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023. This decision was based on the finding that the agreement met the statutory requirements of the Fair Work Act 2009 and provided fair and reasonable terms for both the employer and employees. The approval of the agreement is effective from the date of the decision, ensuring the continued operation of the enterprise under the terms of the agreement.

Special Gases Enterprises Pty Ltd T/A Special Gases

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established