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

[2013] FWCA 9300

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
(AG2013/11555)

GORDON BROTHERS INDUSTRIES PTY LTD ELECTRICAL TRADES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 NOVEMBER 2013

Application for approval of the Gordon Brothers Industries Pty Ltd Electrical Trades Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gordon Brothers Industries Pty Ltd Electrical Trades Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. 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] 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 and, in accordance with s.54(1), will operate from 3 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the Gordon Brothers Industries Pty Ltd Electrical Trades Enterprise Agreement 2013. The Union sought to have the enterprise agreement registered under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for electrical trades workers at Gordon Brothers Industries, a company involved in the recycling and sale of merchandise.

The primary legal issues before the court were whether the enterprise agreement complied with the statutory requirements of the Fair Work Act, including the provisions concerning the bargaining process, the scope of the agreement, and the protection of employee rights. The court needed to determine if the agreement was made in good faith, if it covered a genuine enterprise, and if it contained the minimum terms and conditions as prescribed by the Act. Additionally, the court had to consider whether the agreement met the requirement of being a single, integrated document, and if it was free from any unfair content.

The court, after examining the agreement and the submissions from both parties, found that the enterprise agreement was compliant with the statutory requirements. The court concluded that the agreement was made in good faith, it covered a genuine enterprise, and it contained the minimum terms and conditions. The court also found that the agreement was a single, integrated document and did not contain any unfair content. The court approved the enterprise agreement, thereby allowing it to be registered and enforceable under the Fair Work Act.

No further orders were made beyond the approval of the enterprise agreement. The decision confirms the agreement's validity and allows it to regulate the employment conditions for electrical trades workers at Gordon Brothers Industries. The outcome of this case is significant for both the Union and the company, as it provides clarity and legal certainty regarding the terms of employment going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established