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

[2014] FWCA 7267

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
(AG2014/9226)

ADPLEX FIRE PTY LTD ENTERPRISE AGREEMENT 2011- 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 OCTOBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Adplex 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 22 October 2014. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission (FWC) was asked to approve an enterprise agreement. The agreement in question was between the union and Adplex Fire Pty Ltd, a company in the security industry. The union sought FWP's approval of the Adplex Fire Pty Ltd Enterprise Agreement 2011-2015, which detailed the terms and conditions of employment for the union's members within the company. The union argued that the agreement was fair and reasonable, while no objections were raised by the employer.

The primary legal issue before the FWC was whether the agreement met the requirements of the Fair Work Act 2009, particularly sections 233 and 234, which outline the criteria for the approval of an enterprise agreement. The FWC had to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith. The union argued that the agreement had been negotiated in good faith and that it contained fair and reasonable terms. The employer did not raise any objections to the agreement.

The FWC found that the agreement met the criteria for approval under the Fair Work Act. The union had demonstrated that the agreement had been negotiated in good faith and contained fair and reasonable terms. The FWC noted that the agreement provided for a reasonable balance of rights and obligations, and that it did not disadvantage any party. The FWC was satisfied that the union had met its burden of proof in establishing that the agreement was fair and reasonable. As such, the FWC approved the agreement.

The FWC's decision to approve the agreement was made final, and the agreement will now govern the terms and conditions of employment for the union's members within Adplex Fire Pty Ltd. The union's application for approval of the agreement was successful, and the employer did not raise any further objections. The decision serves as a reminder of the importance of good faith negotiations and the need for enterprise agreements to provide for fair and reasonable terms and conditions.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established