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

[2014] FWCA 7242

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
(AG2014/9280)

BOSTIK (THOMASTOWN VICTORIA) - ELECTRICAL WORKERS AGREEMENT 2014-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 14 OCTOBER 2014

Application for approval of the Bostik (Thomastown Victoria) - Electrical Workers Agreement 2014-2016..

[1] An application has been made for approval of an enterprise agreement known as the Bostik (Thomastown Victoria) - Electrical Workers Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). 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 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.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 21 October 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Bostik (Thomastown Victoria) - Electrical Workers Agreement 2014-2016. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the necessary requirements for registration, including whether it was made in good faith and whether it provided for proper mechanisms for dispute resolution.

The legal issues that the Fair Work Commission had to address included whether the agreement was made in accordance with the provisions of the Fair Work Act and whether it contained all the necessary elements required for a registered agreement. The Commission had to determine if the agreement was made in good faith and if it included adequate provisions for resolving disputes between the employer and the employees. Furthermore, the Commission needed to assess if the agreement provided for fair and reasonable terms and conditions of employment.

In delivering its decision, the Fair Work Commission found that the agreement was made in good faith and that it contained all the necessary elements required for registration under the Fair Work Act. The Commission concluded that the agreement provided for proper mechanisms for dispute resolution and that it offered fair and reasonable terms and conditions of employment. As a result, the Fair Work Commission approved the Bostik (Thomastown Victoria) - Electrical Workers Agreement 2014-2016 as a registered agreement. The Commission emphasised the importance of ensuring that agreements were made in good faith and that they provided for effective dispute resolution mechanisms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established