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

[2018] FWCA 4235

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

(AG2018/3063)

Transcend Plumbing & Gasfitting Pty Ltd and the CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019

Plumbing industry
Justice Ross, President	SYDNEY, 18 JULY 2018

Application for approval of the Transcend Plumbing & Gasfitting Pty Ltd and the CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

An application has been made for approval of an enterprise agreement known as the Transcend Plumbing & Gasfitting Pty Ltd and the 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 25 July 2018. The nominal expiry date of the Agreement is 31 October 2019.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU - Plumbing Division Victorian Branch, on the one hand, and Transcend Plumbing & Gasfitting Pty Ltd, on the other. The dispute arose from an application for approval of the Enterprise Agreement between the parties, covering the period from 2016 to 2019. The matter was heard in the Fair Work Commission.

The legal issues before the court were whether the Enterprise Agreement met the requirements of section 230 of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the provisions of the Fair Work Act. The court also had to assess whether the agreement was made in good faith and whether it provided for the proper protection of the employees' interests.

The Fair Work Commission found that the Enterprise Agreement met the requirements of section 230 of the Fair Work Act and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment and complied with the provisions of the Fair Work Act. The court also found that the agreement was made in good faith and provided for the proper protection of the employees' interests. The court approved the Enterprise Agreement, finding that it met the necessary criteria.

The Fair Work Commission approved the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU - Plumbing Division Victorian Branch, and Transcend Plumbing & Gasfitting Pty Ltd for the period from 2016 to 2019. The court found that the agreement met the requirements of section 230 of the Fair Work Act and was in the best interests of the employees. The agreement was approved on the basis that it provided for fair and reasonable terms and conditions of employment and complied with the provisions of the Fair Work Act. The court's decision was final and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established