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

[2014] FWCA 1358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/3641)

AIRMOYES PTY LTD - MAJOR COMMERCIAL PLUMBING AND MECHANICAL SERVICES - UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 25 FEBRUARY 2014

Application for approval of the Airmoyes Pty Ltd - 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 the Airmoyes Pty Ltd - 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 4 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 applicant union sought approval of a collective agreement between the union and the respondent employer. The application was heard by the Fair Work Commission. The primary dispute centred on the interpretation and approval of certain provisions within the Airmoyes Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011 - 2015. The union argued that the agreement was fair and reasonable, while the employer contested specific clauses, particularly those relating to working conditions and pay rates.

The court needed to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, ensuring that it was fair and reasonable, and did not discriminate or cause detriment to employees. The key issue was whether the provisions in question complied with the Act and were appropriately balanced between the rights and obligations of both the employer and the employees. The court also considered whether the agreement provided adequate protections and benefits to the employees.

In delivering its decision, the commission carefully examined the provisions of the agreement, taking into account the principles of fairness and reasonableness. The court found that the majority of the agreement was fair and reasonable, and did not contravene the Act. However, certain clauses were deemed to be unreasonable and were not approved. The commission made orders to remove or modify these clauses to ensure compliance with the Act, while allowing the rest of the agreement to proceed as approved. This decision balanced the need for fair working conditions with the rights of the employer to manage their business effectively.

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