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

[2014] FWCA 1618

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
(AG2014/3848)

MEDWAY PLUMBING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 MARCH 2014

Application for approval of the Medway Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Medway Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 (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 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 March 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Medway Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015. The application for approval arose as the agreement had been made under section 186 of the Fair Work Act 2009 and the union had applied to the Commission for its approval. The dispute centred on whether the agreement met the requirements of the Act, specifically whether it contained the minimum terms and conditions prescribed by the Act, and whether it complied with the good faith bargaining provisions.

The court had to determine if the agreement provided for minimum wages and conditions, as well as whether it contained the prescribed minimum terms and conditions under section 235 of the Act. Additionally, the court needed to assess if the agreement was the product of good faith bargaining, as required by section 187 of the Act. The court also had to consider if there were any other provisions in the agreement that were not consistent with the objects of the Act, such as undermining the right to freedom of association or the right to bargain collectively.

In reaching its decision, the Fair Work Commission examined the terms and conditions of the agreement and determined that it did indeed provide for the minimum wages and conditions as required by the Act. The Commission found that the agreement contained all the prescribed minimum terms and conditions, and that it was the product of good faith bargaining. The Commission also found that there were no provisions in the agreement that were inconsistent with the objects of the Act. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Medway Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015, finding that it met the requirements of the Fair Work Act 2009. The Commission found that the agreement provided for the minimum wages and conditions, contained the prescribed minimum terms and conditions, and was the product of good faith bargaining. The Commission also found that there were no provisions in the agreement that were inconsistent with the objects of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established