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

[2014] FWCA 2457

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
(AG2014/5174)

BJSA MECHANICAL PTY LTD - MAJOR COMMERCIAL PLUMBING AND MECHANICAL SERVICES - UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 14 APRIL 2014

Application for approval of the BJSA Mechanical Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the BJSA Mechanical Pty Ltd - Major Commercial Plumbing and Mechanical 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 21 April 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), which sought approval for the BJSA Mechanical Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011-2015. The Union applied for approval of the agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission (FWC) presided over by Commissioner L C Smith.

The legal issues before the FWC involved whether the agreement complied with the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement was a "registered agreement" as defined by the Act, which requires the agreement to be in writing, not be contrary to the Act, and be otherwise in compliance with the Act. Furthermore, the FWC had to consider whether the agreement met the requirements for registration under the Act, such as whether it had been negotiated in good faith and whether it complied with the relevant provisions of the Act.

The FWC found that the agreement complied with the requirements of the Fair Work Act 2009. The FWC was satisfied that the agreement was in writing and not contrary to the Act. The FWC also found that the agreement had been negotiated in good faith and met the requirements for registration under the Act. The FWC concluded that the agreement should be approved and registered as a registered agreement.

The FWC approved and registered the BJSA Mechanical Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011-2015 as a registered agreement under the Fair Work Act 2009. The Union was authorised to give notice of the agreement to the employer and employees covered by the agreement. The agreement was registered and came into effect on 1 January 2011.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established