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

[2014] FWCA 1635

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
(AG2013/11388)

PARAGON PLUMBING (WA) PTY LTD AND CEPU (WA) UNION COLLECTIVE AGREEMENT 2013-2016

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 MARCH 2014

Application for approval of the Paragon Plumbing (WA) Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Paragon Plumbing (WA) Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016 (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. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4]
The Agreement was approved on 7 March 2013 and, in accordance with s.54, will operate from 14 March 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Paragon Plumbing (WA) Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016. The application was heard in the Fair Work Commission of Australia. The union sought approval of the collective agreement which had been negotiated with Paragon Plumbing (WA) Pty Ltd, outlining terms and conditions of employment for union members in the plumbing industry.

The legal issues before the Commission centred on whether the collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest and if it complied with the Act's objectives. The union argued that the agreement was fair and balanced, taking into account the needs of both employers and employees, and that it contributed positively to industrial relations by providing a clear framework for employment conditions. Paragon Plumbing (WA) Pty Ltd supported the union's application, asserting that the agreement was beneficial for maintaining a harmonious workplace.

The Fair Work Commission assessed the collective agreement against the statutory requirements and found that it met the criteria for approval. The Commission concluded that the agreement was in the public interest, promoted harmonious, productive and cooperative workplace relations, and aligned with the objectives of the Fair Work Act. The Commission noted the balance achieved in the agreement, which addressed the needs of both the employer and the employees, and considered it conducive to maintaining fair and efficient industrial relations in the plumbing sector.

The Fair Work Commission approved the Paragon Plumbing (WA) Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016, endorsing it as a fair and balanced agreement that met the statutory requirements for approval. The decision underscored the importance of collective agreements in promoting cooperative industrial relations and ensuring that the terms and conditions of employment are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established