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

[2013] FWCA 9637

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
(AG2013/10308)

4 BUILD PROJECT ENGINEERING PTY LTD AND CEPU - PLUMBING (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 9 DECEMBER 2013

Application for approval of the 4 Build Project Engineering Pty Ltd and CEPU - Plumbing (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the 4 Build Project Engineering Pty Ltd and CEPU - Plumbing (Vic) 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members, and 4 Build Project Engineering Pty Ltd. The dispute was brought before the Fair Work Commission (FWC) and regarded the approval of the CEPU - Plumbing (Vic) Enterprise Agreement 2011-2015. The union sought the FWC's approval of the agreement, which was reached between the union and the employer. The employer argued that the agreement did not meet the FWC's requirements for approval, as it contained provisions that were not consistent with the Fair Work Act 2009.

The primary legal issue that the FWC had to decide was whether the provisions of the agreement were consistent with the Act and should therefore be approved. Specifically, the FWC needed to consider whether the agreement complied with the requirements for independent assessment, the inclusion of certain terms, and the process for resolving disputes. The union argued that the agreement was consistent with the Act, while the employer contended that it was not. The FWC's decision hinged on its interpretation of the Act and the provisions of the agreement.

The FWC determined that the agreement was generally consistent with the Act, with the exception of a few provisions. The FWC found that the agreement met the requirements for independent assessment and dispute resolution. However, it held that certain provisions regarding the inclusion of terms were not consistent with the Act. The FWC made orders to modify the agreement to bring it into compliance with the Act. The FWC approved the modified agreement, subject to certain conditions. The employer was required to make amendments to the agreement and notify the union and the FWC of the changes.

In summary, the FWC approved the CEPU - Plumbing (Vic) Enterprise Agreement 2011-2015, subject to certain modifications. The FWC found that the agreement was generally consistent with the Act, but identified some provisions that did not meet the requirements of the Act. The FWC made orders to modify the agreement and approved it, subject to certain conditions. The employer was required to make amendments to the agreement and notify the union and the FWC of the changes.

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