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

[2014] FWCA 4768

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
(AG2014/1723)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 17 JULY 2014

Application for approval of the TECDEC Pty Ltd 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 TECDEC Pty Ltd 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 24 July 2014. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application for the approval of the TECDEC Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The dispute arose as the union sought to have the enterprise agreement ratified and made legally binding between the employer and its employees covered by the agreement. The Commission was tasked with determining whether the agreement complied with the necessary legal requirements and provisions under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement met the statutory criteria for approval, including whether it was in the best interests of the employees, and whether it adhered to the procedural requirements outlined in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it contained the minimum terms and conditions mandated by the Act. Additionally, the Commission examined whether the agreement complied with the provisions concerning the protection of employees' rights and entitlements.

In its decision, the Commission detailed that the agreement met all the necessary criteria for approval. The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. It also determined that the agreement was in the best interests of the employees as it provided fair and reasonable terms of employment. The Commission noted that the agreement appropriately balanced the interests of both the employer and employees and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, making it legally binding between the parties.

As a result of the Commission's findings, the TECDEC Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 was approved and legally enforceable. This decision ensures that the terms and conditions outlined in the agreement are binding on both the employer and the employees, providing a framework for their employment relationship. The approval of the agreement reinforces the importance of fair and transparent processes in the negotiation and implementation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established