DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Mirabile family Trust T/A Global Plumbing Pty Ltd
(AG2017/1997)

GLOBAL PLUMBING PTY LTD AND CEPU-PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2017-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 JULY 2017

Application for approval of the Global Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Global Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017 - 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 the Mirabile family Trust T/A Global Plumbing Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 July 2017 and, in accordance with s.54, will operate from 2 August 2017. 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

The dispute before the Fair Work Commission involved an application for the approval of an enterprise agreement between Global Plumbing Pty Ltd and the CEPU - Plumbing Division Victorian Branch. The applicant, the Trustee for the Mirabile family Trust, sought approval of the Global Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017 - 2019. The nature of the dispute was to determine if the agreement met the requirements for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications.

The central legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was fairly negotiated and if it contained the necessary provisions regarding the rights and obligations of the parties. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees covered by it.

In reaching its decision, the Commission examined the negotiation process, the content of the agreement, and its implications for the employees. The Commission found that the agreement had been fairly negotiated, as evidenced by the process followed and the documentation provided. It also determined that the agreement contained all the necessary provisions and that it was in the best interests of the employees. The Commission concluded that the agreement met all the requirements for approval under the Fair Work Act 2009.

Consequently, the Commission approved the Global Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017 - 2019. This decision confirmed the agreement's validity and established it as a legally binding contract between the parties. The approval ensured that the terms of the agreement would be enforceable, providing a framework for the employment relationship between Global Plumbing Pty Ltd and its employees represented by CEPU.

The Trustee for the Mirabile family Trust T/A Global Plumbing 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