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

[2014] FWCA 3512

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
(AG2014/5845)

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

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 27 MAY 2014

Application for approval of the Rising 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 asthe Rising 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 The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for approval of the Rising Pty Ltd - Major Commercial Plumbing and Mechanical Services Union Collective Agreement 2011 - 2015. The Applicant sought to have the agreement, which had been entered into between the parties, approved by the Commission. The Respondent, Rising Pty Ltd, did not oppose the application. The dispute centred on the terms of the collective agreement and whether it met the requirements for approval under the Fair Work Act 2009.

The key legal issue before the Commission was whether the collective agreement met the criteria for approval under section 234 of the Fair Work Act 2009. This involved examining the agreement to ensure it contained the necessary provisions for minimum entitlements and was not detrimental to employees. Given that the Respondent did not oppose the application, the primary focus was on the agreement's compliance with the legislative requirements.

The Commission found that the agreement contained all the necessary provisions for minimum entitlements and did not include any terms that were detrimental to employees. The Applicant had provided all the necessary documentation to support the application, and the agreement was in line with the requirements set out in the Fair Work Act 2009. The Commission concluded that the agreement met all the criteria for approval and was in the best interests of the employees covered by the agreement.

Accordingly, the Fair Work Commission approved the Rising Pty Ltd - Major Commercial Plumbing and Mechanical Services Union Collective Agreement 2011 - 2015. The agreement was deemed to be compliant with the Fair Work Act 2009 and was in the best interests of the employees covered by the agreement. The approval was granted, and the agreement became effective from the date of the Commission's decision.

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