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

[2013] FWCA 9018

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
(AG2013/11407)

MIL GASES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 NOVEMBER 2013

Application for approval of the MIL Gases Pty Ltd & CEPU Plumbing Division - NSW Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the MIL Gases Pty Ltd & CEPU Plumbing Division - NSW Enterprise Agreement 2013-2015 (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU Plumbing Division - NSW sought approval of an enterprise agreement with MIL Gases Pty Ltd. The application was made to the Fair Work Commission. The main issue before the Commission was whether the agreement complied with the relevant legislative requirements, including the provision of a minimum 30 days' notice to employees of the proposed agreement. The Commission found that the notice period had not been met, as the employees were only given 18 days' notice. However, the Commission also noted that the employer had made efforts to provide notice, and that the union had not objected to the short notice period. The Commission also considered the overall fairness of the agreement, including the terms and conditions of employment, and found that the agreement was fair and reasonable. Based on these findings, the Commission approved the enterprise agreement, subject to certain conditions. The conditions included a requirement that the employer provide additional notice to employees of any future changes to the agreement, and a requirement that the agreement be registered with the Commission within 14 days of approval. The Commission also ordered that the agreement be backdated to the date on which the notice period should have commenced. The decision provides guidance on the requirements for approving enterprise agreements, and highlights the importance of providing adequate notice to employees of proposed changes to their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established