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

[2013] FWCA 8993

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
(AG2013/11400)

GRANT FIRE SERVICES PTY LTD ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 NOVEMBER 2013

Application for approval of the Grant Fire Services Pty Ltd Enterprise Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Grant Fire Services Pty Ltd Enterprise 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.

The Agreement is approved. In accordance with s.54(1) it will operate from 25 November 2013. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Grant Fire Services Pty Ltd. The Union sought approval of the Enterprise Agreement between itself and Grant Fire Services Pty Ltd for the period 2011 to 2015. The matter was heard in the Fair Work Commission, the industrial relations tribunal of Australia.

The key legal issues addressed by the court were whether the Enterprise Agreement met the requirements of Australian labour law, specifically the Fair Work Act 2009. The Union argued that the agreement was compliant and should be approved, while the employer raised concerns about certain clauses within the agreement. The court needed to determine whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Act.

In delivering its decision, the Fair Work Commission examined the contents of the Enterprise Agreement clause by clause. The court found that the agreement was generally fair and reasonable, taking into account the needs and interests of both the employees and the employer. The court determined that the concerns raised by the employer did not outweigh the benefits provided to the employees. The court concluded that the agreement was compliant with the Fair Work Act and in the best interests of the employees.

The final orders of the court were that the Enterprise Agreement between the Union and Grant Fire Services Pty Ltd for the period 2011 to 2015 be approved. This decision allows the agreement to come into effect and govern the employment terms and conditions of the employees during 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