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

[2014] FWCA 8394

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
(AG2014/9915)

SHORE (QLD) PTY LTD - COMMERCIAL PLUMBING AND MECHANICAL SERVICES - UNION COLLECTIVE AGREEMENT 2014-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 25 NOVEMBER 2014

Application for approval of the Shore (QLD) Pty Ltd Commercial Plumbing and Mechanical Services - Union Collective Agreement 2014 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Shore (QLD) Pty Ltd Commercial Plumbing and Mechanical Services - Union Collective Agreement 2014 - 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 parties to this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Shore (QLD) Pty Ltd. The matter was before the Fair Work Commission, which was required to decide whether to approve the Shore (QLD) Pty Ltd Commercial Plumbing and Mechanical Services - Union Collective Agreement 2014-2015. The Union sought approval of the agreement on the basis that it was a "better off overall test" (BOOT) agreement. The employer opposed the application on the basis that the agreement did not meet the requirements of a BOOT agreement.

The central legal issue before the Commission was whether the agreement was a BOOT agreement. This required consideration of whether the agreement provided employees with improved conditions overall, as compared to their previous conditions, and whether the agreement was made in good faith. The Union argued that the agreement provided employees with improved conditions overall, including wage increases and other benefits. The employer argued that the agreement did not provide employees with improved conditions overall, and that it had not been made in good faith.

The Commission found that the agreement was a BOOT agreement. It found that the agreement provided employees with improved conditions overall, including wage increases and other benefits, and that it had been made in good faith. The Commission noted that the agreement provided for a number of improvements to employees' conditions, including wage increases, improvements to leave entitlements, and the introduction of a penalty rates system. The Commission also noted that the agreement had been negotiated in good faith, and that there was no evidence of any duress or coercion.

As a result of its findings, the Commission approved the agreement. The Union's application for approval of the agreement was therefore successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established