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

[2014] FWCA 6847

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
(AG2014/9025)

ABBEY AIR AUSTRALIA PTY LTD - MAJOR COMMERCIAL PLUMBING AND MECHANICAL SERVICES - UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 30 SEPTEMBER 2014

Application for approval of the Abbey Air Australia Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011 - 2015 .

[1] An application has been made for approval of an enterprise agreement known as the Abbey Air Australia Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective 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 agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 7 October 2014. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied for approval of the Abbey Air Australia Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011-2015. The applicant submitted that the agreement provided for a four-year period of 12 months and that it was a good faith agreement. The applicant submitted that the agreement was not likely to have an adverse effect on productivity and that it contained appropriate mechanisms for the resolution of any workplace disputes. The applicant submitted that it was appropriate for the agreement to be approved.

The court was required to determine whether the agreement met the statutory criteria for approval, including whether it was in good faith, likely to improve productivity, and contained appropriate dispute resolution mechanisms. The court was also required to consider whether the agreement would have an adverse effect on productivity.

The court considered that the agreement was in good faith and contained appropriate dispute resolution mechanisms. The court considered that the agreement was likely to improve productivity, as it provided for a reasonable period of four years and contained provisions for the resolution of any workplace disputes. The court found that the agreement did not contain any provisions that would have an adverse effect on productivity. The court approved the agreement and made an order for its registration.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established