DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trio Plumbing (Australia) Pty Ltd
(AG2016/1519)

TRIO PLUMBING (AUSTRALIA) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Trio Plumbing (Australia) 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 Trio Plumbing (Australia) 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 Trio Plumbing (Australia) 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 21 June 2016 and, in accordance with s.54, will operate from 28 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 matter involved an application for the approval of an enterprise agreement between Trio Plumbing (Australia) Pty Ltd and the CEPU - Plumbing Division Victorian Branch. The application was lodged with the Fair Work Commission. The dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it provided for fair and reasonable terms for the employees.

The court had to determine if the agreement contained the necessary provisions as per the Fair Work Act, including whether it was appropriately certified by an independent certifier and whether it was fair and reasonable in terms of the employees' wages and conditions. The court also had to consider if the agreement met the statutory requirements for coverage and whether it complied with the procedural requirements of the Act.

The Fair Work Commission found that the agreement was appropriately certified and met the statutory requirements for coverage. The court examined the agreement's provisions for wages, conditions, and other terms, concluding that they were fair and reasonable. The Commission took into account the negotiations between the parties, the nature of the industry, and the bargaining positions of the parties in reaching its decision. Ultimately, the court approved the enterprise agreement.

The Fair Work Commission ordered the approval of the enterprise agreement between Trio Plumbing (Australia) Pty Ltd and the CEPU - Plumbing Division Victorian Branch, effective from 1 July 2015 to 30 June 2019.

Trio Plumbing (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established