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

[2014] FWCA 216

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
(AG2013/11883)

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

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 9 JANUARY 2014

Application for approval of the Venmist 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 asthe Venmist 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). It has been made by The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which applied for approval of the Venmist Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011 - 2015. The application was heard in the Fair Work Commission, which is responsible for overseeing and approving certain collective agreements in Australia. The union sought to have the agreement, which covers a range of terms and conditions for employees working in major commercial plumbing and mechanical services, approved as a registered agreement under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement met the requirements for approval under the relevant legislation, including whether it complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009. The union argued that the agreement was fair and reasonable and provided for the appropriate terms and conditions for the employees covered by the agreement. The court considered the arguments put forward by both parties and examined the terms of the agreement in detail. It found that the agreement met the requirements for approval and was fair and reasonable for the employees covered by it. The court approved the agreement and registered it as a registered agreement under the Fair Work Act. The union's application was therefore successful, and the agreement is now in force, providing for the terms and conditions of employment for the relevant employees. The court's decision provides guidance on the requirements for approving collective agreements under the Fair Work Act and the Fair Work Regulations, and sets an important precedent for future applications in this area.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established