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

[2013] FWCA 10024

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
(AG2013/10435)

NU GEN INDUSTRIES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) INSULATION ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Nu Gen Industries 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 Nu Gen Industries 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) 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2013. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union and the employer, Nu Gen Industries Pty Ltd, were involved in an application before the Fair Work Commission to approve the Nu Gen Industries Pty Ltd and CEPU - Plumbing Division (Vic) Insulation Enterprise Agreement 2011-2015. The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, and if it contained any unfair provisions that would render it unlawful. The Commission considered the arguments presented by both parties, including the union's submission that the agreement was fair and reasonable, and the employer's concern that certain provisions would place an undue financial burden on the business.

The Fair Work Commission found that the agreement was generally compliant with the relevant legislative framework, but it did contain some provisions that were considered unfair. The Commission determined that these provisions could be severed from the agreement without compromising its overall purpose. The Commission concluded that the agreement, with the unfair provisions removed, met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The decision was made in favour of the union, with the agreement being approved subject to the removal of the identified unfair provisions.

The Fair Work Commission ordered that the Nu Gen Industries Pty Ltd and CEPU - Plumbing Division (Vic) Insulation Enterprise Agreement 2011-2015 be approved, with the condition that certain provisions be severed from the agreement. The Commission also directed that the agreement be registered with the Fair Work Ombudsman, and that the union and employer comply with the terms of the approved agreement. The decision provided clarity for both parties on the enforceability of the agreement and ensured that the rights and obligations of the employer and employees were protected within the framework of the Fair Work Act 2009 and the Fair Work Regulations 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established