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

[2014] FWCA 1327

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
(AG2014/272)

RAW RECRUITMENT PTY LTD AND CEPU - PLUMBING DIVISION (VIC) LABOUR HIRE ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 24 FEBRUARY 2014

Application for approval of the Raw Recruitment Pty Ltd and CEPU-Plumbing Division (Vic) Labour Hire Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Raw Recruitment Pty Ltd And Cepu - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2011-2015 (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 (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 3 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 applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Raw Recruitment Pty Ltd and CEPU-Plumbing Division (Vic) Labour Hire Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission, the tribunal responsible for regulating Australian workplace relations and ensuring fair conditions for employees and employers. The union argued that the proposed agreement was fair and reasonable, and should be approved under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was consistent with the objects of the Act. The Commission also had to consider whether the agreement had been fairly and properly made, and if it provided for the protection of employees' rights and interests.

The Commission found that the proposed enterprise agreement was fair and reasonable, and met the criteria for approval. The agreement provided for reasonable terms and conditions, and was consistent with the objects of the Fair Work Act. The Commission also found that the agreement had been fairly and properly made, and provided for the protection of employees' rights and interests. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and other conditions of employment, which were consistent with industry standards and the needs of the workforce. The Commission concluded that the agreement was in the best interests of the employees and employers covered by it, and was therefore fair and reasonable.

The Fair Work Commission approved the Raw Recruitment Pty Ltd and CEPU-Plumbing Division (Vic) Labour Hire Enterprise Agreement 2011-2015, and the agreement came into effect on 1 July 2011. The Commission's decision provides guidance for other unions and employers seeking to negotiate and approve enterprise agreements under the Fair Work Act.

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