| [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
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2014] FWCA 6106
- Case
- [2014] FWCA 6106
- Decision Date
CaseChat Overview and Summary
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.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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