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

[2013] FWCA 9307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/11485)

INDUSTRIAL CONSTRUCTION & MAINTENANCE PTY LTD - MAJOR COMMERCIAL PLUMBING AND MECHANICAL SERVICES - UNION GREENFIELD AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	MELBOURNE, 27 NOVEMBER 2013

Application for approval of the Industrial Construction & Maintenance Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Greenfield Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Construction & Maintenance Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Greenfield Agreement 2011 - 2015 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 4 December 2013. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

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, who applied for approval of the Industrial Construction & Maintenance Pty Ltd - Major Commercial Plumbing and Mechanical Services - Union Greenfield Agreement 2011 - 2015. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement satisfied the provisions of section 233 of the Fair Work Act, which sets out the criteria for the approval of enterprise agreements. Specifically, the Commission had to consider whether the agreement was in the best interests of the employees covered by it, and whether it provided for terms and conditions that were no less favourable than the applicable award or safety net.

In assessing the agreement, the Commission examined the provisions relating to wages, penalty rates, and other terms and conditions. The Commission found that the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net, and that the agreement was in the best interests of the employees covered by it. The Commission noted that the agreement provided for a wage increase of 3.5% per annum over the term of the agreement, as well as other benefits such as paid parental leave and provisions for flexible working arrangements. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act.

As a result of its decision, the Commission approved the agreement, which will now apply to employees covered by it. The decision provides certainty for both employers and employees, and ensures that the agreement provides for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established