DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/3914)

SJ REID ENTERPRISES PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 JULY 2015

Application for approval of the SJ Reid Enterprises Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the SJ Reid Enterprises Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 29 July 2015. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between SJ Reid Enterprises Pty Ltd and the CEPU Plumbing Division Union for the period 2011-2015. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, which would afford it a degree of protection from legal challenge and provide a framework for dispute resolution. The employer contested the application on the basis that the agreement contained provisions that were inconsistent with the Act, including those relating to pay rates and conditions of employment.

The central legal issues before the Commission were whether the collective agreement complied with the requirements of the Fair Work Act and whether it contained any provisions that were contrary to the public interest. The Commission had to consider whether the agreement met the criteria for registration, including whether it was made in good faith and whether it contained appropriate dispute resolution procedures. The Commission also had to determine whether any provisions of the agreement were inconsistent with the Act or contrary to the public interest.

In delivering its decision, the Commission found that the agreement did not meet the criteria for registration. The Commission noted that the agreement contained a number of provisions that were inconsistent with the Fair Work Act, including those relating to pay rates and conditions of employment. The Commission also found that the agreement did not contain appropriate dispute resolution procedures and that it was not made in good faith. As a result, the application for approval of the agreement was dismissed. The Commission emphasised the importance of ensuring that collective agreements comply with the requirements of the Fair Work Act and that they are made in good faith and contain appropriate dispute resolution procedures.

No orders were made as the application for approval of the collective agreement was dismissed. The Commission's decision serves as an important reminder to employers and unions of the importance of ensuring that collective agreements comply with the requirements of the Fair Work Act and that they are made in good faith and contain appropriate dispute resolution procedures.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established