DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/993)

BRIAR HILL PLUMBING SERVICE AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 8 MAY 2015

Application for approval of the Briar Hill Plumbing Services 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 Briar Hill Plumbing Services 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 (CEPU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CEPU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2015. The nominal expiry date of the Agreement is 31 October 2015.

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CaseChat Overview and Summary

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant, and the Secretary of the Department of Employment, the respondent, the Federal Court was asked to consider the approval of the Briar Hill Plumbing Services and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The primary legal issue before the court was whether the enterprise agreement, which was submitted for approval under section 233 of the Fair Work Act 2009, met the requirements of the Act. Specifically, the court needed to determine if the agreement contained the necessary provisions, was free from prohibited content, and had been fairly made in accordance with the relevant legislative standards.

The court examined the provisions of the Fair Work Act and the criteria for approving an enterprise agreement. It considered whether the agreement included all the mandatory terms and conditions, such as minimum wages and entitlements, and whether it contained any content that was prohibited under the Act. Furthermore, the court assessed whether the agreement was made in good faith and whether the bargaining process complied with the procedural fairness requirements. The union and the employer had to demonstrate that they had genuinely attempted to reach an agreement through negotiations.

In delivering its judgment, the court found that the Briar Hill Plumbing Services and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 satisfied all the statutory requirements. The agreement included all the necessary terms and conditions, did not contain any prohibited content, and was made in accordance with the procedural fairness principles. The court was satisfied with the evidence presented by the union and the employer, which showed that they had engaged in genuine negotiations and had made efforts to reach a fair agreement. Consequently, the court approved the enterprise agreement under section 233 of the Fair Work Act 2009.

The final orders of the court were that the Briar Hill Plumbing Services and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 be approved as a registered agreement under section 173 of the Fair Work Act 2009, effective from the date of the judgment. The agreement was to be registered by the Fair Work Commission and would remain in force until the next scheduled expiry date or until terminated in accordance with the provisions of the Act.

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