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

[2014] FWCA 7182

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
(AG2014/1237)

AEDY CONSTRUCTIONS PTY LTD AND CEPU PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 10 OCTOBER 2014

Application for approval of the Aedy Constructions 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 Aedy Constructions 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 the 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 17 October 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of an enterprise agreement with Aedy Constructions Pty Ltd and CEPU Plumbing Division (Vic). The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, particularly whether it provided for minimum wages and conditions, and whether it was made in good faith and without coercion.

The key legal issues included whether the agreement contained all the mandatory terms and conditions as prescribed by the Fair Work Act, and whether the process by which the agreement was made complied with the good faith bargaining requirements. Additionally, the court needed to determine if any provisions in the agreement were contrary to public policy or contravened any other legislation. The Union argued that the agreement was fair and represented the best possible terms for its members, while Aedy Constructions Pty Ltd maintained that certain provisions were unreasonable and not reflective of a genuinely negotiated agreement.

The Fair Work Commission carefully reviewed the contents of the agreement and the process of its negotiation. It found that the agreement substantially met the legal requirements for approval, including the provision of minimum wages and conditions. The Commission determined that the agreement was made in good faith and without coercion, and it did not contain any provisions that were contrary to public policy. The Commission was satisfied that the process by which the agreement was made was fair and appropriate, and it approved the enterprise agreement.

The Commission ordered that the Aedy Constructions Pty Ltd and CEPU Plumbing Division (Vic) Enterprise Agreement 2011-2015 be approved and registered, effective from the date of the Commission's decision. The Union and Aedy Constructions Pty Ltd were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established