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
(AG2015/3656)

LANGTON ROOFING AND CONSTRUCTIONS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 JULY 2015

Application for approval of the LANGTON ROOFING AND CONSTRUCTIONS PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the LANGTON ROOFING AND CONSTRUCTIONS PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 (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 14 July 2015. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Langton Roofing and Constructions Pty Ltd & CEPU Plumbing Division - NSW Branch (the Employer). The Union applied for the Fair Work Commission's (FWC) approval of the Enterprise Agreement between the Union and the Employer for the years 2013 to 2015. The nature of the dispute was the Union's application for the FWC's approval of the Enterprise Agreement, which was opposed by the Employer. The case was heard by the Fair Work Commission (FWC), which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009 (Cth).

The legal issues the court was required to decide were whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth), and whether the application for approval was made in accordance with the Fair Work Regulations 2009 (Cth). The Union argued that the Enterprise Agreement complied with the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth), and that the application for approval was made in accordance with the relevant provisions. The Employer, on the other hand, argued that the Enterprise Agreement did not comply with the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth), and that the application for approval was not made in accordance with the relevant provisions.

The FWC found that the Enterprise Agreement complied with the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth), and that the application for approval was made in accordance with the relevant provisions. The FWC considered the provisions of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth) and found that the Enterprise Agreement met the requirements for approval. The FWC also considered the arguments presented by both parties and found that the Union had demonstrated that the Enterprise Agreement was made in good faith and that the application for approval was made in accordance with the relevant provisions. Therefore, the FWC approved the Enterprise Agreement.

In conclusion, the Fair Work Commission approved the Enterprise Agreement between the Union and the Employer for the years 2013 to 2015. The FWC found that the Enterprise Agreement complied with the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth), and that the application for approval was made in accordance with the relevant provisions. The Employer's opposition to the application for approval was unsuccessful.

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