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

[2014] FWCA 2705

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
(AG2014/5670)

V.I.C. INSULATION CONTRACTORS & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2014-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 APRIL 2014

Application for approval of the V.I.C. Insulation Contractors & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the V.I.C. Insulation Contractors & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2014-2015 (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 30 April 2014. The nominal expiry date of the Agreement is30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the V.I.C. Insulation Contractors & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2014-2015. The application for approval was made under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the legal requirements for registration and if it complied with the provisions of the Fair Work Act.

The court was tasked with determining whether the agreement provided for the appropriate process for resolving disputes and whether it included all the mandatory terms specified in the Fair Work Act. A particular focus was on the dispute resolution provisions, which needed to be consistent with the Act, and whether the agreement contained all the prescribed minimum terms. The court also had to consider whether the agreement was fair and whether it complied with the good faith bargaining requirements.

After reviewing the agreement and the submissions from both parties, the court found that the agreement met all the statutory requirements for approval. The dispute resolution provisions were deemed appropriate and aligned with the Act, and all mandatory terms were included. The court concluded that the agreement was fair and that it had been negotiated in good faith. Consequently, the court approved the agreement for registration.

The final orders of the court were that the V.I.C. Insulation Contractors & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2014-2015 be approved for registration under the Fair Work Act 2009. The agreement was to be registered and would have effect from the date of the court's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established