DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Torr Plumbing Services Pty Ltd
(AG2019/2528)

TORR PLUMBING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 AUGUST 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Torr Plumbing Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Torr Plumbing Services 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 1 August 2019 and, in accordance with s.54, will operate from 8 August 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

In the Fair Work Commission, Torr Plumbing Services Pty Ltd applied for approval of their 2019 enterprise agreement with the CEPU - Plumbing Division Victorian Branch. The dispute centred on the terms and conditions outlined in the proposed agreement, which aimed to govern the employment of workers within the company. The Commission was tasked with determining whether the agreement met the legal criteria for approval, including compliance with the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement had been made free from any improper conduct, whether it included the minimum entitlements as prescribed by the Fair Work Act, and whether it was in the best interest of the employees involved. Additionally, the Commission considered the process by which the agreement was negotiated and the extent to which it provided for fair and reasonable terms for both the employer and the employees.

The Commission found that the agreement had been negotiated in good faith and was in compliance with the relevant provisions of the Fair Work Act. It noted that the agreement included all minimum entitlements and provided for fair and reasonable terms. The Commission was satisfied that the process of negotiation had been transparent and that the agreement was in the best interest of the employees. Based on these findings, the Commission approved the enterprise agreement, recognising its fairness and compliance with statutory requirements.

The final orders of the Commission included the approval of the 2019 enterprise agreement between Torr Plumbing Services Pty Ltd and the CEPU - Plumbing Division Victorian Branch, effective from the date of the decision. The Commission's approval ensures that the agreement will govern the employment conditions of the workers as intended.

Torr Plumbing Services 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