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

[2014] FWCA 1814

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
(AG2014/468)

MICMEL SERVICES PTY LTD AND CEPU-PLUMBING (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 18 MARCH 2014

Application for approval of the Micmel Services Pty Ltd and CEPU-Plumbing (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Micmel Services Pty Ltd and CEPU-Plumbing (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 dispute involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Micmel Services Pty Ltd (Micmel). The Union sought approval of the Micmel Services Pty Ltd and CEPU-Plumbing (Vic) Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission (the Commission). The Union applied for the Commission to approve the enterprise agreement, which had been negotiated between the Union and Micmel, and to register the agreement with the Commission. The Union argued that the agreement was made in good faith and contained appropriate terms and conditions for the employees covered by the agreement.

The legal issues before the Commission were whether the enterprise agreement was made in good faith, whether the agreement contained appropriate terms and conditions for the employees covered by the agreement, and whether the agreement met the requirements of the Fair Work Act 2009. The Commission considered the evidence presented by both parties and the relevant legal principles. The Commission found that the agreement was made in good faith and contained appropriate terms and conditions for the employees covered by the agreement. The Commission also found that the agreement met the requirements of the Fair Work Act 2009.

Accordingly, the Commission approved the enterprise agreement and registered it with the Commission. The Union's application was successful, and the enterprise agreement was approved and registered with the Fair Work Commission. This decision provides guidance on the requirements for approving and registering an enterprise agreement under the Fair Work Act 2009. The Commission's decision demonstrates the importance of good faith negotiations and appropriate terms and conditions in enterprise agreements. This decision is likely to be of interest to employers and employees in the communications, electrical, electronic, energy, information, postal, plumbing and allied services industries.

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