DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Plumbing & Drainage Pty Ltd
(AG2017/331)

WILSON PLUMBING & DRAINAGE AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 10 MARCH 2017

Application for approval of the Wilson Plumbing & Drainage 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 Wilson Plumbing & Drainage 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 Wilson Plumbing & Drainage 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 10 March 2017 and, in accordance with s.54, will operate from 17 March 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Wilson Plumbing & Drainage Pty Ltd, applied for the Fair Work Commission's approval of the proposed Enterprise Agreement between the company and the CEPU - Plumbing Division Victorian Branch. The dispute arose due to disagreements on certain terms and conditions outlined in the proposed agreement. The case was heard by the Fair Work Commission.

The primary legal issues for the Commission to decide were whether the proposed agreement met the requirements under the Fair Work Act 2009, specifically sections 233 and 234. The Commission had to determine if the agreement provided for a fair and reasonable balance of employees' and employers' interests and if it included terms that were consistent with the provisions of the National Employment Standards and the applicable awards.

The Fair Work Commission reviewed the proposed agreement, assessing the provisions against the relevant legislative framework. The Commission found that the agreement provided a fair and reasonable balance of interests, as it took into account the needs and concerns of both the employer and the employees. The Commission also determined that the terms and conditions in the agreement were consistent with the National Employment Standards and applicable awards. As a result, the Commission approved the proposed Enterprise Agreement between Wilson Plumbing & Drainage Pty Ltd and the CEPU - Plumbing Division Victorian Branch.

The Fair Work Commission approved the proposed Enterprise Agreement, which will be in effect from 1 January 2017 until 31 December 2019. The agreement will govern the terms and conditions of employment for employees working in the plumbing industry for Wilson Plumbing & Drainage Pty Ltd, as well as those covered by the CEPU - Plumbing Division Victorian Branch. The approval of the agreement ensures that both the employer and employees have a fair and reasonable set of terms and conditions that comply with the Fair Work Act 2009 and relevant awards.

Wilson Plumbing & Drainage 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