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

[2014] FWCA 8392

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
(AG2014/9911)

SHORE (QLD) PTY LTD - AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 25 NOVEMBER 2014

Application for approval of the Shore (QLD) 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 Shore (QLD) 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 agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] I hereby grant an extension of time within which the application can be made under s.185(3)(b).

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 2 December 2014. The nominal expiry date of the Agreement 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Shore (QLD) Pty Ltd. The dispute centred around the application for approval of the Shore (QLD) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015. The Fair Work Commission was tasked with determining whether the agreement met the requirements set out in the Fair Work Act 2009.

The central legal issues were whether the agreement contained genuine terms and conditions of employment, whether it met the requirements of the Fair Work Act, and whether the agreement was consistent with the Fair Work Ombudsman's guidelines. The court needed to consider the fairness and reasonableness of the agreement, including the balance of rights and obligations between the employer and employees, as well as whether the agreement provided adequate protections for employees.

In delivering its decision, the Fair Work Commission examined the contents of the agreement and the submissions made by both parties. The Commission found that the agreement contained genuine terms and conditions of employment, met the requirements of the Fair Work Act, and was consistent with the Fair Work Ombudsman's guidelines. The Commission also determined that the agreement was fair and reasonable, providing adequate protections for employees while balancing the rights and obligations of both parties. Consequently, the Fair Work Commission approved the Shore (QLD) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

The Fair Work Commission's final orders were that the Shore (QLD) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015 be approved and registered under the Fair Work Act 2009. The agreement would now be in effect for the specified period and would govern the employment terms and conditions between Shore (QLD) Pty Ltd and the CEPU Plumbing Division Union members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established