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

[2014] FWCA 6942

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
(AG2014/7646)

SOUNDOFF ACOUSTIC SOLUTIONS AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 2 OCTOBER 2014

Application for approval of the Soundoff Acoustic Solutions 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 Soundoff Acoustic Solutions 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Soundoff Acoustic Solutions and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 under section 234 of the Fair Work Act 2009. The application came before the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act, specifically whether it provided for the minimum entitlements of employees, and whether it was in the best interests of the employees involved.

The legal issues before the Commission were whether the agreement provided for the minimum entitlements as outlined in the Act, and whether it was in the best interests of the employees. The Commission needed to determine if the agreement met the statutory requirements for approval and if it provided for fair and reasonable terms for the employees. The union argued that the agreement was fair and in the best interests of the employees, while the employer contested certain provisions.

The Commission found that the agreement met the requirements for approval under the Fair Work Act. It provided for the minimum entitlements of employees and was in their best interests. The Commission considered the overall fairness of the agreement, the bargaining power of the parties, and the impact on the employees. After reviewing the submissions and evidence, the Commission was satisfied that the agreement was fair and reasonable and approved it accordingly.

The Fair Work Commission approved the enterprise agreement, determining that it met the statutory requirements and was in the best interests of the employees. The Commission's decision provided clarity and certainty for both parties, ensuring that the agreement would be implemented as intended. The final orders included the approval of the enterprise agreement, which would now govern the employment conditions for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established