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

[2014] FWCA 4617

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
(AG2014/6633)

WATERTECH PTY LTD - MAJOR COMMERCIAL PLUMBING AND MECHANICAL SERVICES - UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 10 JULY 2014

Application for approval of the Watertech Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Watertech Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CEPU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 July 2014. The nominal expiry date of the Agreement is 31 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Watertech Pty Ltd. The agreement in question was the Watertech Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011 - 2015. The primary dispute centred on whether the collective agreement complied with the relevant statutory requirements and provided fair terms for both the employer and the employees.

The legal issues that the court had to address included determining if the agreement adhered to the provisions of the Fair Work Act 2009, specifically sections related to the registration of agreements and the terms and conditions they must contain. Additionally, the court needed to assess whether the agreement was negotiated in good faith and if it provided for a fair and reasonable outcome for both parties. The court also considered whether the agreement covered the necessary minimum terms as outlined in the Fair Work Act.

In its decision, the court thoroughly examined the provisions of the collective agreement and found that it largely complied with the statutory requirements. The court considered the nature of the industry, the bargaining positions of the parties, and the specific terms of the agreement. It was noted that the agreement had been negotiated in good faith and provided for a fair and reasonable outcome for both the employer and the employees. The court concluded that the agreement met the necessary criteria for approval and was in the best interests of both parties, thereby meeting the requirements under the Fair Work Act.

The final orders of the court were to approve the Watertech Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011 - 2015, recognising it as a registered agreement under the Fair Work Act. The court's approval was contingent on the agreement remaining in force and effect until the specified end date, and both parties were required to adhere to the terms as stipulated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established