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

[2014] FWCA 1299

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
(AG2014/3580)

AXIS PLUMBING WA PTY LTD EBA 2013-2016

Plumbing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 FEBRUARY 2014

Application for approval of the Axis Plumbing WA Pty Ltd EBA 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Axis Plumbing WA Pty Ltd EBA 2013-2016 (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] 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. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Axis Plumbing WA Pty Ltd EBA 2013-2016. The dispute centred on the union's request to have the enterprise agreement, which outlined the terms and conditions of employment for workers within Axis Plumbing WA, formally approved by the Fair Work Commission. The union argued that the agreement met the statutory criteria for approval, while Axis Plumbing WA Pty Ltd contested certain aspects of the agreement.

The primary legal issues for the court to determine were whether the enterprise agreement complied with the Fair Work Act 2009 and its regulations. Specifically, the court had to consider whether the agreement contained all the mandatory terms and conditions required by the Act, and whether it was free from prohibited content. The court also had to assess whether the agreement had been made in accordance with the procedural requirements of the Act, including whether proper consultation had occurred between the employer and the employees.

In reaching its decision, the court examined the provisions of the Fair Work Act 2009, as well as relevant case law and guidelines issued by the Fair Work Commission. The court found that the enterprise agreement generally complied with the statutory requirements, with only minor technical issues that could be rectified by amendment. The court was satisfied that the agreement contained all the mandatory terms and conditions and was free from prohibited content. The court also found that the agreement had been made in accordance with the procedural requirements of the Act, with proper consultation having occurred between the employer and the employees. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were that the Axis Plumbing WA Pty Ltd EBA 2013-2016 be approved, subject to the minor technical amendments required to address the issues identified by the court. The court also ordered that the union and Axis Plumbing WA Pty Ltd take all necessary steps to ensure that the agreement was implemented in accordance with its terms, and that any disputes arising from the agreement be referred to the Fair Work Commission for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established