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

[2014] FWCA 1816

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
(AG2014/470)

KARAGATA AND CEPU-PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 18 MARCH 2014

Application for approval of the Karagata 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 Karagata 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 25 March 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 matter before the Fair Work Commission was an application for the approval of the Karagata and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The parties involved were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Karagata, an employer in the plumbing industry.

The legal issues before the commission were whether the agreement complied with the provisions of the Fair Work Act 2009, specifically in relation to the process of agreement making, the scope of bargaining, and the content of the agreement. The commission had to determine if the agreement was made in good faith, if it covered the correct bargaining unit, and if it contained all the necessary minimum terms and conditions as stipulated by the Act.

The Fair Work Commission assessed the application and found that the agreement was made in good faith and covered the correct bargaining unit. The commission also found that the agreement contained all the necessary minimum terms and conditions as required by the Act. The commission was satisfied that the process of agreement making was compliant and that the scope of bargaining was appropriate. As a result, the commission approved the Karagata and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established