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

[2013] FWCA 9189

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
(AG2013/11480)

JBW TECHNOLOGIES AUSTRALIA AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 21 NOVEMBER 2013

Application for approval of the JBW Technologies Australia and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the JBW Technologies Australia and CEPU - Plumbing Division (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 28 November 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, hereinafter referred to as the Union, and JBW Technologies Australia Pty Ltd, the employer. The dispute was centred around the application for approval of the Enterprise Agreement between the Union and JBW Technologies Australia for the period 2011 to 2015. The Fair Work Commission was the court that presided over the case.

The legal issues that the Fair Work Commission was required to decide involved whether the proposed Enterprise Agreement was in compliance with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the mandatory terms as outlined in the legislation, and if it had been genuinely negotiated between the parties. Additionally, the Commission had to assess if the agreement met the 'better off overall test' and if it was in the best interests of the employees.

The Fair Work Commission examined the proposed Enterprise Agreement in detail, taking into consideration the submissions made by both parties. The Commission found that the agreement contained all the mandatory terms as required by the Fair Work Act 2009, and that it had been genuinely negotiated between the Union and the employer. The Commission also determined that the agreement met the 'better off overall test', and that it was in the best interests of the employees. Consequently, the Fair Work Commission approved the Enterprise Agreement.

The Fair Work Commission's decision to approve the Enterprise Agreement was based on the evidence presented and the legal principles outlined in the Fair Work Act 2009. The Commission's approval of the agreement was a significant outcome for both the Union and the employer, as it provided certainty and stability for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established