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

[2014] FWCA 2261

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
(AG2014/4057)

A E SMITH & SON (NQ) PTY LTD - NORTH QUEENSLAND - COMMERCIAL PLUMBING AND MECHANICAL SERVICES - UNION COLLECTIVE AGREEMENT 2012 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 4 APRIL 2014

Application for approval of the A E Smith & Son (NQ) Pty Ltd - North Queensland - Commercial Plumbing and Mechanical Services - Union Collective Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the A E Smith & Son (NQ) Pty Ltd - North Queensland - Commercial Plumbing and Mechanical Services - Union Collective Agreement 2012 - 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 is31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia against the employer, A E Smith & Son (NQ) Pty Ltd. The union sought approval of the Union Collective Agreement 2012 - 2015 for North Queensland commercial plumbing and mechanical services. The dispute centred on the terms and conditions of employment set out in the agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the court included whether the proposed agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009, and whether it met the requirements for a valid and effective industrial instrument. The court needed to determine if the agreement was made in good faith, was free from prohibited content, and provided for proper dispute resolution mechanisms.

The court examined the content of the agreement and found it to be in compliance with the Fair Work Act. The agreement was deemed to be made in good faith and did not contain any prohibited content. The court also found that the agreement provided for appropriate dispute resolution mechanisms and met all the necessary requirements for approval. Consequently, the court approved the Union Collective Agreement 2012 - 2015 for North Queensland commercial plumbing and mechanical services.

The final orders of the court were that the Union Collective Agreement 2012 - 2015 for North Queensland commercial plumbing and mechanical services be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission and would remain in effect until the end of the specified period or until terminated or varied in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established