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

[2014] FWCA 5081

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
(AG2014/1878)

RENDA AIR SERVICES AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 29 JULY 2014

Application for approval of the Renda Air 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 Renda Air 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 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 5 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 matter before the Fair Work Commission was an application for the approval of the Renda Air Services and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The application was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and it sought the Fair Work Commission's endorsement of the proposed enterprise agreement between the union and Renda Air Services. The central issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009 and met the necessary criteria for approval.

The Fair Work Commission considered several legal issues, including whether the agreement had been negotiated in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the process outlined in the Fair Work Act. The Commission also examined whether the agreement adequately protected the rights of employees and whether it contained provisions that were fair and reasonable. Additionally, the Commission assessed whether the agreement met the requirements for being a single, indivisible agreement.

The Fair Work Commission found that the proposed agreement did not comply with several provisions of the Fair Work Act. The Commission determined that the agreement failed to adequately protect the rights of employees, particularly in relation to the provisions concerning redundancy payments and termination of employment. The Commission also found that the agreement did not contain the necessary minimum terms and conditions as required by the Act. Consequently, the Fair Work Commission refused to approve the agreement. The Commission concluded that the agreement did not meet the necessary criteria for endorsement and would not serve the best interests of the employees.

The Fair Work Commission's decision not to approve the Renda Air Services and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 stands as a reminder of the importance of ensuring that enterprise agreements meet the statutory requirements set out in the Fair Work Act. The Commission's decision highlights the need for agreements to adequately protect employee rights and contain the necessary minimum terms and conditions.

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