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
(AG2015/3156)

WAIMAMAKU PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 2 JULY 2015

Application for approval of the Waimamaku Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single enterprise agreement known as the Waimamaku Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CEPU 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 is approved and, in accordance with s.54, will operate from 9 July 2015. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Waimamaku Pty Ltd (the Employer), sought approval of the Enterprise Agreement between them for the period 2011-2015. The Union argued that the agreement should be approved as it was necessary to give effect to the functions of the Fair Work Commission (FWC). The FWC considered the application and determined that the agreement was fair and reasonable. The Union appealed the FWC's decision, arguing that the agreement was not fair and reasonable and should not be approved.

The key legal issues before the court were whether the agreement was fair and reasonable and whether the FWC had the power to approve the agreement. The Union argued that the agreement was not fair and reasonable because it did not provide for adequate wages and conditions for employees, and it did not provide for adequate protections for employees who were subject to casual employment. The Union also argued that the FWC did not have the power to approve the agreement because it was not in the best interests of the employees.

The court found that the agreement was fair and reasonable and that the FWC had the power to approve it. The court held that the agreement provided for adequate wages and conditions for employees, and that the protections provided for casual employees were appropriate. The court also held that the FWC had the power to approve the agreement because it was in the best interests of the employees.

The court dismissed the Union's appeal and approved the Enterprise Agreement between the Union and the Employer. The agreement was approved on the basis that it provided for fair and reasonable wages and conditions for employees and that it was in the best interests of the employees. The court made orders approving the Enterprise Agreement and setting out the terms and conditions of employment for employees covered by the agreement.

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