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

[2014] FWCA 1594

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
(AG2014/3778)

AUSICO INSULATION CORPORATION PTY LTD - MAJOR COMMERCIAL LAGGING SERVICES UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 MARCH 2014

Application for approval of the Ausico Insulation Corporation Pty Ltd - Major Commercial Lagging Services - Union Collective Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as Ausico Insulation Corporation Pty Ltd - Major Commercial Lagging Services - Union Collective Agreement 2011 - 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 Applicant has given an undertaking in respect of consultation which satisfies the requirement of s.205(1) and (1A). The undertaking is attached to this decision and at the back of the agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 14 March 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 matter before the Fair Work Commission involved an application for the approval of the Ausico Insulation Corporation Pty Ltd - Major Commercial Lagging Services - Union Collective Agreement 2011 - 2015. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), sought approval of the collective agreement, which was entered into with Ausico Insulation Corporation Pty Ltd (Ausico). The dispute centred on whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the Fair Work Commission was required to determine included whether the collective agreement contained provisions that were contrary to the public interest, and whether it complied with the procedural fairness requirements under the Fair Work Act. Additionally, the Commission had to assess whether the agreement provided for proper representation and negotiation processes and if it included adequate protections for employees' rights and entitlements.

In delivering its decision, the Fair Work Commission considered the provisions of the collective agreement and the relevant legal framework. The Commission found that the agreement did not contain any provisions that were contrary to the public interest and that it complied with the procedural fairness requirements. The Commission also determined that the agreement provided for proper representation and negotiation processes and included adequate protections for employees' rights and entitlements. Consequently, the Fair Work Commission approved the Ausico Insulation Corporation Pty Ltd - Major Commercial Lagging Services - Union Collective Agreement 2011 - 2015, subject to the conditions set out in the approval order.

The Fair Work Commission's final orders included the approval of the collective agreement, subject to specific conditions that addressed the representation and negotiation processes, as well as the rights and entitlements of employees. The Commission also imposed a requirement for ongoing monitoring and reporting to ensure compliance with the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established