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

[2014] FWCA 2287

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
(AG2014/757)

W & D PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 7 APRIL 2014

Application for approval of the W & D Plumbing 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 W & D Plumbing 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 14 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 case involves an application for the approval of an enterprise agreement between W & D Plumbing Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic). The Fair Work Commission heard the application, tasked with ensuring the agreement complies with the Fair Work Act 2009. The union and the employer sought the Commission's approval of the agreement, which outlines terms and conditions of employment for the employees covered by it. The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for a fair and efficient workplace, and whether it was free from any improper provisions.

The Commission carefully considered the provisions of the agreement and the submissions from both parties. It assessed the agreement against the criteria set out in the Fair Work Act, including whether it facilitated a productive and efficient workplace, and whether it provided for fair terms and conditions of employment. The Commission found that the agreement met these requirements and did not contain any improper provisions. It was satisfied that the agreement provided for a fair and efficient workplace and met the criteria for approval under the Fair Work Act. The Commission approved the enterprise agreement, recognising its compliance with the relevant legislative framework.

The Fair Work Commission approved the W & D Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, acknowledging its alignment with the Fair Work Act. The Commission's decision provides certainty and stability for the parties involved, ensuring that the agreement will govern the terms and conditions of employment for the employees covered by it. The approval reflects the Commission's role in facilitating fair and efficient workplace agreements that benefit both employers and employees. The decision provides a clear framework for the implementation and operation of the enterprise agreement, ensuring that it operates within the legislative requirements and promotes a productive and harmonious workplace.

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