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

[2014] FWCA 2614

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
(AG2014/823)

ALLPRO SYNERGY PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 17 APRIL 2014

Application for approval of the Allpro Synergy 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 Allpro Synergy Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise 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 (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 24 April 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 parties to this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Allpro Synergy Pty Ltd. The dispute was regarding the application for approval of the Allpro Synergy Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission, which is the federal workplace relations tribunal of Australia.

The legal issues before the court were whether the Enterprise Agreement met the requirements of the Fair Work Act 2009 and whether it was made in good faith. The court was required to consider whether the agreement was free of coercion and whether it provided for the proper protection of employees' interests. The court also had to determine whether the agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to be in writing and to be approved by the Fair Work Commission.

In its reasoning, the court found that the Enterprise Agreement met the requirements of the Fair Work Act and was made in good faith. The court found that the agreement was free of coercion and provided for the proper protection of employees' interests. The court also found that the agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to be in writing and to be approved by the Fair Work Commission. The court approved the application for the Enterprise Agreement.

No further orders were made by the court. The decision of the Fair Work Commission is final and binding on the parties and cannot be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established