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

[2014] FWCA 1411

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
(AG2014/3736)

ONSITE DUCT SERVICES - MAJOR COMMERCIAL PLUMBING AND MECHANICAL SERVICES - UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 FEBRUARY 2014

Application for approval of the Onsite Duct Services - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as Onsite Duct Services - Major Commercial Plumbing and Mechanical 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 agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 7 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 parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the respondent, a company. The nature of the dispute was the application for approval of the Onsite Duct Services - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011-2015. The case was heard in the Fair Work Commission. The legal issues the court was required to decide included whether the application for approval of the collective agreement was made in accordance with the relevant legislation and whether the agreement met the necessary criteria for approval. The court had to examine the provisions of the agreement, the bargaining process, and the compliance with the Fair Work Act 2009. The court's reasoning and outcome involved a detailed analysis of the agreement's provisions and the process by which it was made. The court found that the application was made in accordance with the legislation and that the agreement met the necessary criteria for approval. The court emphasised the importance of the bargaining process being genuine and the agreement being fair and reasonable. The court's decision was based on a thorough review of the evidence and the application of the relevant legal principles. The final orders of the court were that the application for approval of the collective agreement was approved, subject to certain conditions. The court also made orders regarding the registration of the agreement and the enforcement of its provisions.

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