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

[2014] FWCA 2730

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
(AG2014/5629)

R-VALUE INSULATION PTY LTD AND CEPU PLUMBING DIVISION MAJOR COMMERCIAL LAGGING SERVICES - UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 APRIL 2014

Application for approval of the R-Value Insulation Pty Ltd and CEPU Plumbing Division Major Commercial Lagging Services - Union Collective Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the R-Value Insulation Pty Ltd and CEPU Plumbing Division Major Commercial Lagging 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 5 May 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

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) seeking approval of the R-Value Insulation Pty Ltd and CEPU Plumbing Division Major Commercial Lagging Services - Union Collective Agreement 2011 - 2015. The Applicant sought the Commission’s approval of the Agreement, which would provide for its operation as a registered agreement for the purposes of the Fair Work Act 2009. The primary dispute centred around the terms and conditions of the proposed collective agreement, specifically the procedural fairness of the negotiation process and whether the agreement met the statutory requirements under the Fair Work Act.

The Commission examined whether the Applicant had acted fairly and reasonably in the negotiation process, and whether the agreement complied with the legal standards set out in the Fair Work Act. Key issues included whether the Applicant had adequately represented the interests of the employees, the transparency of the negotiation process, and the fairness of the terms and conditions contained within the agreement. The Commission also considered whether the agreement met the requirements for registration under the Fair Work Act, including the need for the agreement to provide for a safety net of minimum wages and conditions.

In its decision, the Commission found that the Applicant had acted fairly and reasonably in the negotiation process and that the agreement complied with the legal requirements for registration. The Commission was satisfied that the Applicant had adequately represented the interests of the employees and that the negotiation process had been transparent and fair. The Commission also found that the terms and conditions of the agreement were reasonable and met the statutory requirements under the Fair Work Act. The Commission approved the agreement for registration, noting that it provided for a safety net of minimum wages and conditions and that it would operate as a registered agreement for the specified period.

The Fair Work Commission approved the R-Value Insulation Pty Ltd and CEPU Plumbing Division Major Commercial Lagging Services - Union Collective Agreement 2011 - 2015 as a registered agreement under the Fair Work Act. The agreement is now in effect and will govern the employment terms and conditions of the employees covered by the agreement for the specified period.

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