DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walker Plumbing (Vic) Pty Ltd
(AG2016/1547)

WALKER PLUMBING VIC PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Walker Plumbing Vic 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 Walker Plumbing Vic 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 Walker Plumbing (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. 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 22 June 2016 and, in accordance with s.54, will operate from 29 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 case involved Walker Plumbing (Vic) Pty Ltd, a company, and the CEPU - Plumbing Division Victorian Branch, a trade union, with the Fair Work Commission (FWC) acting as the court. The parties sought approval of the Walker Plumbing Vic Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The primary dispute centred around whether the agreement contained terms that were unfair or not consistent with the objectives of the Fair Work Act 2009.

The key legal issues before the FWC were whether the terms of the agreement complied with the requirements of the Fair Work Act and if any of the terms were unfair. This included assessing whether the agreement covered the necessary minimum terms, provided for a fair classification of employees, and included terms that were consistent with the national minimum terms. The FWC also needed to determine if any of the provisions in the agreement were inconsistent with the objects of the Act or had an unjust effect on the employees.

The FWC determined that the agreement complied with the requirements of the Fair Work Act and did not contain any unfair terms. The Commission found that the agreement provided for a fair classification of employees, included necessary minimum terms, and was consistent with the national minimum terms. The FWC concluded that the agreement was fair and reasonable, and did not have an unjust effect on the employees. Consequently, the FWC approved the agreement.

No further orders were made beyond the approval of the enterprise agreement.

Walker Plumbing (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