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

[2014] FWCA 5752

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
(AG2014/7050)

OLD SCHOOL PLUMBING SERVICES AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	BRISBANE, 21 AUGUST 2014

Application for approval of the Old School Plumbing 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 Old School Plumbing Services and CEPU - Plumbing Division (Vic) 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).

[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 28 August 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Old School Plumbing Services. The union sought approval for the Enterprise Agreement 2011-2015 under the Fair Work Act 2009. The crux of the dispute centred around whether the agreement met the criteria for "better off overall" and whether it complied with the provisions of the Fair Work Act.

The key legal issues the commission needed to address were whether the proposed agreement provided employees with a fair and reasonable standard of pay and conditions, and whether it met the statutory requirement of being "better off overall." Additionally, the commission had to consider whether the agreement adequately addressed the needs of employees while also taking into account the financial viability of the employer.

In rendering its decision, the commission carefully examined the terms of the proposed agreement, weighing the benefits to employees against the potential impact on the employer's business. The commission found that the agreement provided employees with reasonable improvements in pay and conditions while also ensuring that the employer could sustain its operations. The commission concluded that the agreement was in the best interests of the employees and the employer, meeting the statutory requirement of being "better off overall."

The commission approved the Enterprise Agreement 2011-2015, thereby resolving the dispute between the union and the employer. This decision provided clarity and certainty for both parties, ensuring that the agreement would be implemented as intended.

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