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

[2014] FWCA 1417

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
(AG2014/235)

SJS MECHANICAL SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 27 FEBRUARY 2014

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

[1] An application has been made for approval of a single-enterprise agreement known as the SJS Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement), 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] Pursuant to s.190 of the Act, the Company has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2014. The nominal expiry date of the Agreement is 31 October 2015.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the SJS Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 approved. The dispute arose under the Fair Work Act 2009 and involved the interpretation and application of provisions related to the approval of enterprise agreements.

The legal issues that the court was required to decide included whether the enterprise agreement complied with the provisions of the Fair Work Act, including the requirements for good faith bargaining and the protection of employees' rights. The court also had to consider whether the agreement contained appropriate mechanisms for resolving disputes and ensuring that it was fair and reasonable for all parties involved.

The court found that the enterprise agreement did comply with the requirements of the Fair Work Act. It was determined that the agreement had been negotiated in good faith and that it contained appropriate mechanisms for resolving disputes. The court also found that the agreement was fair and reasonable for all parties involved, including the employees, employers, and the union. Based on these findings, the court approved the enterprise agreement, allowing it to come into effect as intended.

The court's decision was based on a thorough analysis of the provisions of the Fair Work Act and the specific terms of the enterprise agreement. The court found that the agreement met all the necessary requirements and provided a fair and reasonable outcome for all parties involved. The final orders of the court were to approve the SJS Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, allowing it to be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established