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

[2018] FWCA 4684

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

(AG2018/3283)

Elite Air Conditioning (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019

Plumbing industry
Commissioner Wilson	MELBOURNE, 9 AUGUST 2018

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

An application has been made for approval of an enterprise agreement known as the Elite Air Conditioning (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of an enterprise agreement made with Elite Air Conditioning (Vic) Pty Ltd. The agreement was for the period 2016-2019. The dispute centred on whether the agreement met the necessary legal requirements and provided fair terms for employees, particularly in terms of wages, conditions, and procedural fairness.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it provided for fair terms and conditions of employment. The Commission had to consider if the agreement complied with the Fair Work Act and whether it was consistent with the principles of procedural fairness. Additionally, the Commission needed to assess if the agreement appropriately addressed the needs and interests of both the employer and the employees.

The Commission found that the agreement was made in good faith and met the necessary legal requirements. The agreement provided for fair terms and conditions of employment, including appropriate wage increases and conditions that reflected the needs of the industry. The Commission also noted that the agreement was consistent with the principles of procedural fairness, as it had been negotiated with adequate representation from both parties. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Elite Air Conditioning (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019, deeming it fair and reasonable. The decision underscores the importance of good faith negotiation and adherence to legal requirements in the formation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established