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

[2014] FWCA 2259

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
(AG2014/4024)

PLJ HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 4 APRIL 2014

Application for approval of the PLJ Holdings Pty Ltd Enterprise Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the PLJ Holdings Pty Ltd Enterprise 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 11 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) applied to the Fair Work Commission for the approval of the PLJ Holdings Pty Ltd Enterprise Agreement 2011 - 2015. The company, PLJ Holdings, is a major employer in the electrical and telecommunications industry. The dispute arose from the negotiation process and content of the proposed agreement, which was intended to govern the employment terms and conditions of the company's employees.

The legal issues before the court were primarily focused on whether the agreement complied with the Fair Work Act 2009, specifically sections concerning the good faith negotiation, coverage, and minimum entitlements of employees. The Union argued that the agreement was fairly negotiated and adequately covered all employees, while PLJ Holdings contended that certain provisions did not meet the statutory requirements for approval. The court had to assess whether the agreement met the criteria for minimal entitlements and whether the negotiation process was conducted in good faith.

In its decision, the court examined the negotiation process and the content of the agreement in detail. It found that the agreement was negotiated in good faith and that it covered all relevant employees. The court also considered the provisions regarding minimum entitlements, including wages, hours of work, and other conditions, and concluded that the agreement did not contravene any statutory minimum standards. Consequently, the court approved the agreement, finding that it met all the necessary legal requirements.

The final orders of the court were that the PLJ Holdings Pty Ltd Enterprise Agreement 2011 - 2015 be approved and registered under the Fair Work Act 2009. This decision confirmed the validity of the agreement and its applicability to the employees of PLJ Holdings, ensuring that the terms and conditions set out in the agreement would govern their employment relationship for the specified period.

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