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

[2014] FWCA 4372

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
(AG2014/1537)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 2 JULY 2014

Application for approval of the Eymac 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 Eymac 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 9 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

The parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Eymac Pty Ltd. The dispute was regarding the application for approval of the Eymac Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, which was heard in the Fair Work Commission of Australia. The Union sought to have the agreement approved by the Commission, arguing that it met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. The Union argued that the agreement was fair and reasonable, while Eymac Pty Ltd contended that certain aspects of the agreement were not in compliance with the Act. The Commission had to determine whether the agreement met the criteria for approval, including whether it provided for the proper management of the workplace and the protection of employees' rights.

The Fair Work Commission found that the agreement was generally fair and reasonable, but identified some issues that needed to be addressed. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the principles of the Fair Work Act. However, the Commission found that some provisions of the agreement were not in compliance with the Act, including provisions relating to redundancy payments and the calculation of penalty rates. The Commission ordered that the agreement be approved with some modifications to address these issues. The modifications included changes to the redundancy payment provisions and the calculation of penalty rates.

The Fair Work Commission approved the agreement with modifications, ensuring that it met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The Union and Eymac Pty Ltd were required to implement the modifications to the agreement, and the Commission will monitor the agreement to ensure that it continues to meet the requirements of the Act. This decision provides guidance for employers and unions on the requirements for an enterprise agreement to be approved by the Commission, and highlights the importance of ensuring that agreements are compliant with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established