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

[2014] FWCA 7494

FAIR WORK COMMISSION

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
(AG2014/9357)

ELIMINATE FIRE PTY LTD ENTERPRISE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 OCTOBER 2014

Application for approval of the Eliminate Fire Pty Ltd Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Eliminate Fire Pty Ltd Enterprise 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 29 October 2014. The nominal expiry date of the Agreement is30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Eliminate Fire Pty Ltd Enterprise Agreement 2011-2015. The applicant contended that the agreement was made in good faith and met the requirements of the Fair Work Act 2009. The application was brought before the Fair Work Commission, with the company opposing the application. The union argued that the agreement was made in good faith and that it contained all the required provisions of the Act.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith and contained all the prescribed minimum terms and conditions as stipulated by the Act. The company argued that the agreement did not meet these criteria, and therefore should not be approved.

In determining the matter, the Commission examined the process through which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was indeed made in good faith, as evidenced by the negotiations and the willingness of both parties to reach a resolution. Furthermore, the Commission confirmed that the agreement contained all the necessary minimum terms and conditions required by the Fair Work Act. Consequently, the Commission approved the agreement.

In summary, the Fair Work Commission approved the application for the approval of the Eliminate Fire Pty Ltd Enterprise Agreement 2011-2015, finding that the agreement met the statutory requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established