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

[2014] FWCA 1308

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
(AG2014/202)

ROWE & WOOD INSULATION PTY LTD AND CEPU - PLUMBING DIVISION (VIC) INSULATION ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 20 FEBRUARY 2014

Application for approval of the Rowe & Wood Insulation Pty Ltd and CEPU - Plumbing Division (Vic) Insulation Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Rowe & Wood Insulation Pty Ltd and CEPU - Plumbing Division (Vic) Insulation 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 27 February 2014. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the Rowe & Wood Insulation Pty Ltd and CEPU - Plumbing Division (Vic) Insulation Enterprise Agreement 2011-2015. The applicant union sought to have the enterprise agreement, which was entered into between the employer and the union, approved by the Commission under section 233 of the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary legal requirements and standards for approval.

The key legal issues before the Commission were whether the agreement provided for the mandatory bargaining items as required by section 228 of the Fair Work Act, and whether it complied with the good faith bargaining provisions outlined in section 229 of the Act. The Commission needed to determine if the agreement was genuinely negotiated, whether it covered the required terms and conditions of employment, and if it was fair and reasonable. The union argued that the agreement was the result of genuine negotiations and was fair and reasonable, while no objections were raised by the employer.

The Commission examined the terms of the agreement, the process through which it was negotiated, and the content of the agreement to ensure it met the statutory requirements. The Commission found that the agreement was genuinely negotiated, covered the necessary mandatory bargaining items, and was fair and reasonable. The Commission also considered the absence of any objections from the employer and the fact that the union had demonstrated a good faith effort in the negotiation process. Consequently, the Commission approved the agreement under section 233 of the Fair Work Act, finding it to be compliant with the legislative requirements.

The final orders of the Commission were that the Rowe & Wood Insulation Pty Ltd and CEPU - Plumbing Division (Vic) Insulation Enterprise Agreement 2011-2015 be approved as a registered agreement. This approval meant that the agreement would be legally binding on the employer and the union's members, setting out their respective rights and obligations for the duration of the agreement.

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