Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2014] FWC 6919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/1200)

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 1 OCTOBER 2014

Application for approval of the Oomiak Projects Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012 - 2015.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the Oomiak Projects Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012 - 2015 (the Agreement). The application was made on 26 May 2014.

[2] In accordance with s.587 of the Act, as the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have not been met, the application is dismissed.

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the Oomiak Projects Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015. The Applicant, Oomiak Projects, sought approval of the agreement from the Commission under section 236 of the Fair Work Act 2009. The Applicant argued that the agreement would facilitate the efficient operation of its business by providing a clear framework for the terms and conditions of employment for its employees, who are members of the Respondent union. The Respondent union supported the application, asserting that the agreement was in the best interests of the employees and would provide them with fair and reasonable terms of employment.

The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act. The Commission considered the provisions of the agreement, the submissions of the parties, and the relevant legal principles. The Commission found that the agreement was in the best interests of the employees as it provided them with fair and reasonable terms of employment, including provisions for minimum rates of pay, overtime rates, and leave entitlements. The Commission also found that the agreement complied with the requirements of the Fair Work Act, including the requirement that it be in writing and that it be approved by the Commission.

The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included the removal of certain provisions that were inconsistent with the Act and the addition of provisions to ensure that the agreement was properly brought to the attention of the employees. The Commission noted that the agreement provided a clear framework for the terms and conditions of employment for the employees, which would facilitate the efficient operation of the Applicant’s business. The Commission also noted that the agreement provided the employees with fair and reasonable terms of employment, which was in their best interests.

The final orders of the Commission included the approval of the agreement, subject to the modifications outlined in the decision. The Commission also ordered that the Applicant provide a copy of the approved agreement to the employees and to the union. The Commission further ordered that the agreement be registered with the Fair Work Commission and that it be published on the Commission’s website. The decision provides guidance to employers and unions on the requirements for the approval of an agreement under the Fair Work Act and highlights the importance of ensuring that agreements are in the best interests of employees.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established