DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Insulation (Vic) Pty Ltd
(AG2017/431)

TOTAL INSULATION (VIC) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Total Insulation (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Total Insulation (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (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 (Vic) 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 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 is approved and, in accordance with s.54 of the Act, will operate from 1 March 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Insulation (Vic) Pty Ltd, an employer, and CEPU - Plumbing Division Victorian Branch, a trade union, applied to the Fair Work Commission for approval of their enterprise agreement. The agreement, dated 2016 to 2019, was submitted for the purpose of obtaining a determination of its compliance with the Fair Work Act 2009. The legal issues the court was required to decide involved whether the agreement contained all the mandated terms and conditions, whether it adhered to the provisions of the Fair Work Act, and if it met the "better off overall test" to ensure employees were not disadvantaged.

The court examined the agreement to determine if it covered all mandated terms and conditions, such as minimum wages, penalty rates, leave entitlements, and other employment standards. It also assessed whether the agreement complied with the procedural fairness requirements under the Fair Work Act, including proper consultation with employees and the union. Furthermore, the court evaluated the "better off overall test" to ensure that the agreement did not place employees in a less advantageous position than they would have been in without the agreement. After careful consideration, the court found that the agreement complied with all statutory requirements and met the better off overall test.

The court approved the Total Insulation (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019, finding that it contained all mandated terms and conditions, complied with the Fair Work Act, and met the better off overall test. The court concluded that the agreement was fair and reasonable, and thus approved it for implementation. This decision provides certainty for both the employer and employees, ensuring that the terms and conditions of employment are legally compliant and fair.

Total Insulation (Vic) 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