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

[2014] FWCA 4602

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
(AG2014/1678)

MARK FRAN PTY LTD T/A SOUTH EAST FIRE AND CEPU PLUMBING DIVISION (VIC) FIRE PROTECTION AGREEMENT VICTORIA 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 9 JULY 2014

Application for approval of the Mark Fran Pty Ltd T/A South East Fire and CEPU Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Mark Fran Pty Ltd T/A South East Fire and CEPU Plumbing Division (Vic) Fire Protection Agreement Victoria 2011-2015 (the Agreement), 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).

[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 bargaining representatives 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 16 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 this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) sought approval of a Fire Protection Agreement Victoria 2011-2015 (the Agreement) entered into between Mark Fran Pty Ltd T/A South East Fire and CEPU Plumbing Division (Vic) (the Employer) and the Applicant (the Union). The Applicant argued that the Agreement was in the best interests of its members and met the requirements of the relevant industrial legislation. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the Agreement was in the best interests of the Union's members and whether it complied with the relevant industrial legislation. The Commission needed to consider the terms of the Agreement, the circumstances in which it was entered into, and whether it provided benefits to the Union's members. Additionally, the Commission had to determine whether the Agreement met the criteria for approval under the relevant industrial legislation.

The Fair Work Commission found that the Agreement was in the best interests of the Union's members and met the requirements of the relevant industrial legislation. The Commission noted that the Agreement provided benefits to the Union's members, including improved wages and conditions, and that it was entered into in good faith. The Commission also found that the Agreement met the criteria for approval under the relevant industrial legislation. The Commission approved the Agreement, stating that it was satisfied that the Agreement was in the best interests of the Union's members and met the requirements of the relevant industrial legislation.

The Fair Work Commission approved the Fire Protection Agreement Victoria 2011-2015 between Mark Fran Pty Ltd T/A South East Fire and CEPU Plumbing Division (Vic) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Commission found that the Agreement was in the best interests of the Union's members and met the requirements of the relevant industrial legislation. The Agreement was approved on the terms and conditions set out in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established