DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Insulation Pty Ltd
(AG2015/5418)

TOTAL INSULATION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the TOTAL INSULATION PTY LTD and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the TOTAL INSULATION PTY LTD and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total Insulation 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Insulation Pty Ltd applied for the approval of a proposed enterprise agreement with the CEPU - Plumbing Division (Vic). The application was heard by the Fair Work Commission. The agreement sought to establish terms and conditions of employment for employees of Total Insulation Pty Ltd covered by the agreement.

The legal issues before the Commission were whether the proposed agreement provided for the proper protection of employees' interests, met the requirements of the Fair Work Act 2009, and provided for the proper operation of the business. The Commission considered whether the agreement met the "better off overall test" and whether it contained any provisions that were contrary to public policy or had an unacceptable impact on the operation of the business.

The Commission found that the proposed agreement met the "better off overall test" and provided for the proper protection of employees' interests. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or had an unacceptable impact on the operation of the business. The Commission approved the proposed agreement, subject to certain conditions.

The Commission's decision was based on its finding that the proposed agreement provided for the proper protection of employees' interests, met the requirements of the Fair Work Act 2009, and provided for the proper operation of the business. The Commission also found that the agreement met the "better off overall test" and did not contain any provisions that were contrary to public policy or had an unacceptable impact on the operation of the business. The agreement was approved, subject to certain conditions.

Total Insulation 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