DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for CGM Unit Trust T/A Collins & Graham Mechanical Pty Ltd
(AG2016/1461)

THE TRUSTEE FOR CGM UNIT TRUST TRADING AS COLLINS & GRAHAM MECHANICAL PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of The Trustee for CGM Unit Trust trading as Collins & Graham Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for CGM Unit Trust trading as Collins & Graham Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for CGM Unit Trust T/A Collins & Graham Mechanical 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. 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 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.

[4] The Agreement was approved on 20 June 2016 and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the trustee of the CGM Unit Trust trading as Collins & Graham Mechanical Pty Ltd for approval of an enterprise agreement. The agreement in question was the CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The dispute arose because the Fair Work Commission needed to determine whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and if it was fair and reasonable in terms of the rights and obligations it created for the employees and the employer.

The primary legal issues the court had to address were whether the agreement met the requirements for registration under the Fair Work Act, and whether it contained provisions that were fair and reasonable. Specifically, the court needed to consider whether the agreement adequately provided for minimum entitlements, whether it complied with the procedural requirements for registration, and whether it contained any terms that were not fair and reasonable, particularly in light of any potential industrial action or disputes that might arise.

The Fair Work Commission found that the agreement was procedurally valid and met all the requirements for registration under the Fair Work Act. It noted that the agreement provided for minimum entitlements and was free from any unfair or unreasonable terms. The court considered the provisions of the agreement in the context of the specific industrial circumstances and found that it was fair and reasonable, taking into account the need to balance the interests of both the employer and the employees. The agreement was thus approved and registered under the Fair Work Act.

The Trustee for CGM Unit Trust T/A Collins & Graham Mechanical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established