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

[2014] FWCA 3848

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
(AG2014/6269)

JOZATAMI PTY LTD T/A THE VERTIZON GROUP AIR CONDITIONING - MAJOR COMMERCIAL PLUMBING AND MECHANICAL SERVICES - UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 JUNE 2014

Application for approval of the Jozatami Pty Ltd t/a The Vertizon Group Air Conditioning - 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 Jozatami Pty Ltd t/a The Vertizon Group Air Conditioning - 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). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 18 June 2014. The nominal expiry date of the Agreement is31 October 2015.

DEPUTY PRESIDENT

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 applied for the approval of the Jozatami Pty Ltd t/a The Vertizon Group Air Conditioning - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011-2015. The Union contended that the agreement was made under the Fair Work Act 2009, and that it was a lawful and appropriate agreement for the employees covered. The company contested the application, arguing that the agreement was not made in good faith and did not adequately protect the employees' rights.

The Commission had to determine whether the agreement was made in good faith and whether it complied with the requirements of the Fair Work Act. The Commission also had to consider whether the agreement provided appropriate protections for the employees' rights and interests. In examining the agreement, the Commission considered the bargaining process, the content of the agreement, and the impact of the agreement on the employees.

The Commission found that the agreement was made in good faith and that it complied with the requirements of the Fair Work Act. The Commission also found that the agreement provided appropriate protections for the employees' rights and interests. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both the employees and the employer. The Union's application was successful, and the agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established