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

[2014] FWCA 27

The attached document replaces the document previously issued with the above code on 2 January 2014.

The first copy of the decision recorded the incorrect MNC number at the top of the page.

Bronwyn Brown

Associate to DEPUTY PRESIDENT LAWRENCE

Dated 2 January 2014

[2014] FWCA 27

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
(AG2013/11952)

JENNINGS PIPEWORK SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 JANUARY 2014

Application for approval of the JENNINGS PIPEWORK SERVICES PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the JENNINGS PIPEWORK SERVICES PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 (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 9 January 2014. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Jennings Pipework Services Pty Ltd & CEPU Plumbing Division - NSW Branch. The union sought approval of the enterprise agreement between the union and the employer for the period 2013-2015. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission had to decide whether the agreement met the requirements for good faith bargaining, contained the essential terms mandated by the legislation, and was in the best interests of the employees.

The legal issues before the Commission included whether the agreement demonstrated good faith bargaining between the parties, if it contained all the essential terms as required by the legislation, and whether the agreement was fair and reasonable in the circumstances. The Commission also had to consider if the agreement provided for procedural fairness and if it was in the best interests of the employees. The Commission examined the evidence provided by both parties and assessed whether the agreement met the statutory criteria for approval.

In reaching its decision, the Fair Work Commission considered the evidence and submissions from both parties. The Commission determined that the agreement demonstrated good faith bargaining and contained all the essential terms required by the legislation. The Commission was satisfied that the agreement was fair and reasonable and provided for procedural fairness. Importantly, the Commission found that the agreement was in the best interests of the employees. As a result, the Commission approved the enterprise agreement between the union and the employer for the period 2013-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established