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

[2014] FWCA 2318

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
(AG2014/4076)

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

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 APRIL 2014

Application for approval of the Atlantic Solutions 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 Atlantic Solutions 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 15 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, which sought approval for the Atlantic Solutions Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011 - 2015. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval. The legal issues centred around the agreement's compliance with the Fair Work Act 2009, specifically whether it facilitated, promoted, or improved the harmonious, productive, and economic relationships between employers and employees.

The Commission examined the agreement's provisions to assess if it complied with the requirements under the Fair Work Act. It looked into the agreement's provisions related to wages, hours of work, leave entitlements, and other employment conditions. The Commission also considered whether the agreement provided for the resolution of disputes and if it promoted productivity and efficiency in the workplace. The analysis included a review of the bargaining process and whether the agreement was made in good faith.

Upon reviewing the evidence and arguments presented, the Commission found that the agreement was made in good faith and facilitated, promoted, and improved the harmonious, productive, and economic relationships between employers and employees. The Commission was satisfied that the agreement provided for the resolution of disputes and contained provisions that were in the best interests of the employees. Therefore, the Commission approved the agreement. The parties were directed to give 10 business days' written notice of any proposed variation to the agreement.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established