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

[2014] FWCA 3434

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
(AG2014/1130)

ELITE IRRIGATION SERVICES PTY LTD T/A CASEY WATERWORKS AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 23 MAY 2014

Application for approval of the Elite Irrigation Services Pty Ltd T/A Casey Waterworks 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 Elite Irrigation Services Pty Ltd T/A Casey Waterworks and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (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 30 May 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and CEPU - Plumbing Division (Vic). The union sought approval for an enterprise agreement between the union and Elite Irrigation Services Pty Ltd T/A Casey Waterworks. The dispute arose from the union's application for the agreement to be approved under the Fair Work Act 2009. The Fair Work Commission was the court tasked with making the decision.

The legal issues before the commission were whether the agreement met the requirements of section 233 of the Fair Work Act and whether it contained the necessary good faith bargaining provisions. The union argued that the agreement was fair and reasonable and that it had been reached through genuine bargaining. The employer, on the other hand, argued that the agreement did not meet the requirements of the act and that it had not been reached through genuine bargaining.

The commission found that the agreement met the requirements of section 233 of the act and that it contained the necessary good faith bargaining provisions. The commission considered the evidence presented by both parties and found that the union had acted in good faith and that the agreement was fair and reasonable. The commission also found that the employer had not demonstrated that the agreement was not in the best interests of the employees.

The union's application for approval of the enterprise agreement was approved by the commission. The commission found that the agreement was fair and reasonable and that it met the requirements of the act. The employer's objections were dismissed, and the agreement was approved for registration. The union and the employer were ordered to take all necessary steps to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established