DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Special Gases Pty Ltd
(AG2018/7357)

SPECIAL GASES ENTERPRISES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2018-2019.

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 MARCH 2019

Application for approval of the Special Gases Enterprises Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Special Gases Enterprises Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Special Gases Pty Ltd. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 March 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Special Gases Pty Ltd, an employer, and CEPU - Plumbing Division Victorian Branch, a union, sought approval of their enterprise agreement for the period 2018-2019. The application was before the Fair Work Commission (FWC). The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its provisions, fairness, and compliance with the FWC's legislative framework.

The legal issues before the FWC included whether the agreement appropriately dealt with minimum entitlements, whether it contained any unfair terms, and if the agreement was made in accordance with the procedural requirements of the Act. Additionally, the FWC had to consider whether the agreement covered the appropriate bargaining unit and whether it contained any unlawful provisions.

The FWC examined the application thoroughly, taking into account submissions from both parties and the relevant legislative framework. The FWC concluded that the agreement was made in good faith and covered the appropriate bargaining unit. It found that the agreement contained provisions that were fair and did not contravene any provisions of the Act. The FWC determined that the agreement met the necessary standards and was in compliance with the statutory requirements, thus approving the application.

The FWC ordered that the Special Gases Enterprises Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018-2019 be approved as a registered agreement. This approval meant that the terms and conditions outlined in the agreement would be legally binding on both parties, effective from the date of registration.

Special Gases Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established