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

[2014] FWCA 7615

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
(AG2014/7857)

G A B SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 27 OCTOBER 2014

Application for approval of the G A B Services 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 G A B Services 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 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 3 November 2014. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the G A B Services Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The dispute centred around the compliance of the agreement with the Fair Work Act 2009 and the associated regulations and guidelines. The Commission was tasked with determining whether the agreement met the necessary requirements for approval and registration, particularly focusing on provisions related to employees' working conditions, remuneration, and other employment terms.

The legal issues that the Commission had to decide included whether the agreement was genuinely negotiated, the extent to which it provided for a safety net of minimum entitlements, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the Commission examined the fairness of the agreement's terms and conditions and whether it provided for appropriate dispute resolution mechanisms. The Commission also considered the impact of the agreement on employees' rights and whether it aligned with the objectives of the Fair Work Act.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated and met the requirements for approval under the Fair Work Act. The Commission determined that the agreement provided for a safety net of minimum entitlements and did not undermine the protections afforded by the Act. The Commission also concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. The Commission approved the agreement and directed that it be registered, thereby providing legal certainty and stability to the employment relationship between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established