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

[2014] FWCA 6945

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
(AG2014/7645)

LGP REMOVALS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 2 OCTOBER 2014

Application for approval of the LGP Removals 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 LGP Removals 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 9 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and LGP Removals Pty Ltd (the Employer). The Union sought approval of an enterprise agreement between itself and the Employer's Plumbing Division in Victoria. The dispute was heard in the Fair Work Commission (FWC). The Union argued that the proposed agreement was a lawful and appropriate means to regulate working conditions within the enterprise, while the Employer raised concerns over specific provisions that it claimed were overly prescriptive and not in line with the enterprise's operational needs.

The central legal issues before the FWC were whether the proposed enterprise agreement was a lawful agreement under the Fair Work Act 2009, and if it met the requirements for approval by the Commission. Specifically, the FWC had to consider if the agreement was made in good faith and if it provided for the terms and conditions of employment of the employees covered by the agreement. Additionally, the FWC examined whether the agreement unfairly disadvantaged any party and if it was in the best interests of the employees.

In its decision, the FWC acknowledged the Union's right to negotiate and enter into an enterprise agreement but also recognised the Employer's need to maintain flexibility in managing its business. The FWC found that while some provisions of the agreement were overly prescriptive, the overall agreement was made in good faith and was in the best interests of the employees. The FWC approved the agreement, subject to certain modifications to address the Employer's concerns about specific clauses. The modifications ensured that the agreement remained fair and balanced while allowing for the efficient operation of the Employer's business.

The FWC's final order was that the enterprise agreement, as modified, was approved and would be registered by the Commission. This decision provided certainty to both parties regarding the terms and conditions of employment, while also recognising the rights of employees to have their working conditions regulated through a collective bargaining process.

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