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

[2013] FWCA 9005

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
(AG2013/10059)

RIELLY PLUMBING SERVICES PTY LTD AND CEPU- PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 18 NOVEMBER 2013

Application for approval of the Rielly Plumbing Services Pty Ltd 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 Rielly Plumbing Services Pty Ltd 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 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 25 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Rielly Plumbing Services Pty Ltd and CEPU- Plumbing Division (Vic) Enterprise Agreement 2011-2015. The application was heard by the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, specifically concerning the classification of employees and the associated pay rates.

The legal issues before the commission were whether the agreement complied with the statutory requirements of the Fair Work Act and whether it was in the best interests of the employees. The commission had to consider whether the agreement was made in good faith and whether it provided for the proper classification of employees and fair compensation. Additionally, the commission needed to ensure that the agreement did not undermine the provisions of the National Employment Standards or any other applicable awards or agreements.

In reaching its decision, the commission examined the submissions from both the union and the employer, as well as the evidence provided. It considered the process through which the agreement was negotiated and the extent to which it was in the best interests of the employees. The commission found that the agreement met the statutory criteria for approval, as it was made in good faith and provided for fair terms and conditions of employment. The commission also determined that the classification of employees and the associated pay rates were reasonable and did not contravene the National Employment Standards or any other applicable awards or agreements.

As a result, the commission approved the Rielly Plumbing Services Pty Ltd and CEPU- Plumbing Division (Vic) Enterprise Agreement 2011-2015. The final orders of the commission mandated that the agreement be registered and enforceable under the Fair Work Act, ensuring that the terms and conditions outlined in the agreement would govern the employment relationship between the parties for the specified period.

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