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

[2014] FWCA 4441

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
(AG2014/1588)

MORROW PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) LATROBE VALLEY ENTERPRISE AGREEMENT 2014-2016

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 3 JULY 2014

2014 Application for approval of the Morrow Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Latrobe Valley Enterprise Agreement 2014-2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Morrow Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Latrobe Valley Enterprise Agreement 2014-2016 (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 10 July 2014. The nominal expiry date of the Agreement is 30 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the 2014 Morrow Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Latrobe Valley Enterprise Agreement 2014-2016. The dispute was heard by the Fair Work Commission. The union argued that the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement satisfied the requirements for approval as a safety net compliant agreement. This involved assessing whether the agreement provided for minimum wages and conditions and ensured fair work outcomes for employees. The union contended that the agreement met these standards and was in the best interest of the employees.

The Fair Work Commission found that the agreement did indeed meet the statutory requirements for safety net compliance. The Commission was satisfied that the proposed agreement provided for wages and conditions that were no less favourable than the relevant award or registered agreement. Additionally, the Commission determined that the agreement was in the best interest of the employees, taking into account the union’s representation and the absence of any significant detriment to the employees. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the 2014 Morrow Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Latrobe Valley Enterprise Agreement 2014-2016, confirming that it met the statutory requirements for safety net compliance and was in the best interest of the employees. The Commission's decision was based on its assessment that the agreement provided for wages and conditions that were no less favourable than the relevant award or registered agreement.

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