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

[2013] FWCA 9187

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/11392)

CRITICAL DEVELOPMENTS PTY LTD AND CEPU MAJOR COMMERCIAL PLUMBING AND MECHANICAL SERVICES - UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 NOVEMBER 2013

Application for approval of the Critical Developments Pty Ltd and CEPU Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Critical Developments Pty Ltd and CEPU Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU ), 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. In accordance with s.54(1) it will operate from 28 November 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application for the approval of a collective agreement with Critical Developments Pty Ltd and CEPU Major Commercial Plumbing and Mechanical Services. The agreement, titled "Union Collective Agreement 2011 - 2015," aimed to govern the employment terms and conditions of the union's members working for the specified employers during the period from 2011 to 2015. The legal issues before the court revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the required terms, was fair and reasonable, and did not include any provisions that would negatively impact the employees.

The Commission approached the decision by examining the content of the agreement against the legislative requirements. The analysis included assessing whether the agreement covered all mandated topics, ensuring that it did not unfairly disadvantage any employee, and verifying that it complied with the provisions of the Fair Work Act. The court also considered the bargaining positions of the parties, the nature of the industry, and any relevant precedents. After a thorough review, the Commission found that the agreement met the necessary criteria for approval. The agreement contained all the required terms, was fair and reasonable, and did not include any detrimental provisions.

Consequently, the Fair Work Commission approved the "Union Collective Agreement 2011 - 2015" between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Critical Developments Pty Ltd and CEPU Major Commercial Plumbing and Mechanical Services. The court's decision affirmed the agreement's validity and applicability, allowing it to serve as the governing document for the employment terms and conditions of the union's members for the specified period. The final orders included the formal approval of the agreement, subject to its continued compliance with the Fair Work Act and any subsequent amendments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established