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

[2014] FWCA 6323

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
(AG2014/7413)

THE ECOPLUMB CONTRACTING SERVICES AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 11 SEPTEMBER 2014

Application for approval of the The Ecoplumb Contracting Services 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 Ecoplumb Contracting Services 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 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 18 September 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Ecoplumb Contracting Services. The union sought approval of the Enterprise Agreement between the parties for the period 2011 to 2015. The dispute centred on the fairness and compliance of the agreement with relevant industrial laws. The Fair Work Commission was the tribunal responsible for deciding the matter.

The key legal issues that the court had to address were whether the agreement was genuinely bargained between the parties and if it complied with the Fair Work Act. Additionally, the court needed to ensure that the agreement met the standards of procedural and substantive fairness as required by the Act. This included verifying that the agreement did not disadvantage employees and that it was not made under duress or coercion.

The court meticulously examined the negotiation process and the contents of the agreement. It found that the agreement had been genuinely negotiated and was not made under any improper influence. The court also determined that the terms of the agreement were fair and did not disadvantage employees. Consequently, the court approved the agreement, affirming that it met all necessary legal standards.

The final order of the court was the approval of the Ecoplumb Contracting Services and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, confirming its compliance with the Fair Work Act and its fairness towards all parties involved.

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