| [2017] FWCA 2422 |
| 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
(AG2017/1293)
M & V INSTALLATIONS AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2015-2019
Plumbing industry | |
COMMISSIONER ROE | MELBOURNE, 3 MAY 2017 |
Application for approval of the M & V Installations and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.
[1] An application has been made for approval of an enterprise agreement known as the M & V Installations and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. 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 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 31 October 2019.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2017] FWCA 2422
- Case
- [2017] FWCA 2422
- Decision Date
CaseChat Overview and Summary
The court had to determine if the agreement was a genuine enterprise agreement and whether it had been made in accordance with the Act. It was necessary to consider if the agreement was made without coercion or undue influence and whether it provided for a fair and reasonable process for resolving disputes between the employer and employees. Additionally, the court needed to ensure that the agreement did not undermine the right to freedom of association or the right to bargain collectively.
The Fair Work Commission found that the agreement was a genuine enterprise agreement and had been made without any undue influence. The agreement included provisions for a fair and reasonable process to resolve disputes, and it did not undermine the rights to freedom of association or collective bargaining. Consequently, the Commission approved the agreement. The court determined that the agreement was consistent with the objectives of the Fair Work Act, including promoting high levels of enterprise bargaining and encouraging cooperative workplace relations.
In summary, the Fair Work Commission approved the M & V Installations and CEPU - Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019, finding that it met the criteria for approval under the Fair Work Act. The agreement was considered a genuine enterprise agreement, made without undue influence, and contained provisions for resolving disputes fairly and reasonably. The court's decision was based on the evidence presented and the legal standards set out in the Act.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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