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

[2014] FWCA 148

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
(AG2013/12201)

DOWBURY PTY LTD ROOFING UNION COLLECTIVE AGREEMENT 2013 - 2014

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 JANUARY 2014

Application for approval of the Dowbury Pty Ltd Roofing Union Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dowbury Pty Ltd Roofing Union Collective Agreement 2013 - 2014 (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 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 14 January 2014. The nominal expiry date of the Agreement is28 February 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Dowbury Pty Ltd Roofing Union Collective Agreement 2013 - 2014. The dispute arose from the union's application to the Fair Work Commission, challenging the dismissal of its claim by the Registrar for procedural reasons. The union argued that the Registrar had incorrectly applied the law in dismissing its claim and that the decision should be set aside and remitted to a different delegate for rehearing. The Fair Work Commission was the court in which the dispute was adjudicated.

The legal issues before the Commission centred on whether the Registrar's decision to dismiss the union's claim was lawful and procedurally fair. The union contended that the Registrar had failed to consider relevant evidence and had made an error in law. The union also argued that the dismissal of the claim was unjust and should be set aside. The Commission was required to determine whether the Registrar's decision was correct and whether the union's application to set it aside should be approved.

The Fair Work Commission found that the Registrar's decision to dismiss the union's claim was correct and that the union's application to set it aside should be dismissed. The Commission held that the Registrar had considered all relevant evidence and had not erred in law. The Commission also found that the dismissal of the claim was procedurally fair and that there was no basis for setting it aside. The union's argument that the decision should be remitted to a different delegate for rehearing was rejected.

The Fair Work Commission dismissed the union's application for approval of its claim. The union was ordered to pay the Registrar's costs of and incidental to the application. The Commission held that the Registrar's decision to dismiss the union's claim was correct and that there was no basis for setting it aside. The Commission also found that the union's application was an abuse of process and that the union should pay the Registrar's costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established