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

[2014] FWCA 3035

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
(AG2014/1034)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 8 MAY 2014

Application for approval of the United Plumbing Group 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 United Plumbing Group Pty Ltd 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 15 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 case before the Fair Work Commission involved an application for approval of the United Plumbing Group Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The union and the employer sought to have the agreement, which contained various terms and conditions of employment, approved by the Commission. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with determining the validity and approval of the enterprise agreement.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, covered employees who had genuinely agreed to the terms, and met the minimum protections outlined in the Act. The Commission also needed to consider whether the agreement contained provisions that were contrary to public policy or had been made under duress or coercion.

In its decision, the Commission found that the agreement did meet the necessary requirements for approval. The union and employer had genuinely negotiated the agreement in good faith, and the employees had genuinely agreed to the terms. The Commission confirmed that the agreement did not contain any provisions that were contrary to public policy or made under duress. As such, the Commission approved the enterprise agreement, acknowledging its compliance with the statutory obligations under the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established