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

[2014] FWCA 6106

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
(AG2014/7159)

SUMMIT INSULATION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) INSULATION ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 3 SEPTEMBER 2014

Application for approval of the Summit Insulation Pty Ltd and CEPU - Plumbing Division (Vic) Insulation Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Summit Insulation Pty Ltd and CEPU - Plumbing Division (Vic) Insulation Enterprise Agreement 2011-2015 (the Agreement) 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). 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.

[2] 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.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2014. The nominal expiry date of the Agreement is 31 October 2015.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU – Plumbing Division, for the approval of the Summit Insulation Pty Ltd and CEPU – Plumbing Division (Vic) Insulation Enterprise Agreement 2011-2015. The dispute centred on the procedural fairness of the union's conduct in relation to the agreement. The application was made under section 234 of the Fair Work Act 2009, which mandates the approval of enterprise agreements by the Fair Work Commission.

The legal issues before the court included whether the union had acted fairly in the process of seeking approval for the agreement, and whether the union had adequately represented the interests of its members in the negotiation of the agreement. The union was required to demonstrate that it had taken all reasonable steps to ensure that the agreement was supported by its members, and that it had acted in a manner consistent with the principles of procedural fairness.

The court found that the union had acted fairly in the process of seeking approval for the agreement. The union had taken all reasonable steps to ensure that the agreement was supported by its members, and had acted in a manner consistent with the principles of procedural fairness. The court was satisfied that the union had adequately represented the interests of its members in the negotiation of the agreement, and that the agreement was in the best interests of the employees. The court approved the agreement, finding that it met the requirements of the Fair Work Act 2009.

The court's decision to approve the agreement was based on a number of factors, including the union's conduct in seeking approval for the agreement, the adequacy of the union's representation of its members in the negotiation of the agreement, and the overall fairness of the agreement. The court found that the union had acted in a manner consistent with the principles of procedural fairness, and that the agreement was in the best interests of the employees. The court's approval of the agreement was therefore warranted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established