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

[2013] FWCA 9173

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
(AG2013/11395)

GLOBAL AIRCONDITIONING SERVICES 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 Global Airconditioning Services 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 Global Airconditioning Services 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

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for a collective agreement between Global Airconditioning Services Pty Ltd and CEPU Major Commercial Plumbing and Mechanical Services. The application for approval was brought under the Fair Work Act 2009. The legal issues centred on whether the collective agreement was a genuine agreement, whether it contained all the terms agreed to by the parties, and whether it met the requirements of the Fair Work Act.

The court considered the evidence presented by both parties and examined the contents of the collective agreement in question. It found that the agreement was indeed a genuine one, as it was freely negotiated and contained all the terms agreed to by the parties. Furthermore, the court determined that the agreement met the requirements of the Fair Work Act, including the provision of minimum terms and conditions of employment for the employees covered by the agreement. Consequently, the court approved the collective agreement.

In conclusion, the court granted the application for approval of the Global Airconditioning Services Pty Ltd and CEPU Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011 - 2015. This decision provides clarity on the process of approving collective agreements and the standards that must be met under the Fair Work Act. The approval of this agreement allows for the continued operation of the terms and conditions outlined within, ensuring a fair and regulated workplace environment for the employees involved.

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