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

[2013] FWCA 9019

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
(AG2013/11401)

JPS PLUMBING SERVICES 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 JPS Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the JPS Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch 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 (the Union) sought approval of the JPS Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 (the Agreement). The application was made under section 176 of the Fair Work Act 2009 (the Act). The company involved, JPS Plumbing Services Pty Ltd, opposed the application.

The key legal issues before the court were whether the Agreement contained all the mandatory provisions required by the Act, whether it was the product of genuine bargaining, and whether it met the requirements of procedural fairness. The Union argued that the Agreement was a genuine enterprise agreement, while the company claimed it was invalid due to procedural issues and lack of genuine bargaining.

The court examined the bargaining process and found that the Union had engaged in genuine bargaining with the company. The court also determined that the Agreement contained all the mandatory provisions required by the Act. Regarding procedural fairness, the court found that the Union had provided adequate information to the employees and allowed them to express their views. Consequently, the court approved the Agreement as a lawful and valid enterprise agreement.

As a result of the court's decision, the Agreement was approved and registered under the Act. The Union's application for approval was successful, and the Agreement will govern the employment terms and conditions for the employees of JPS Plumbing Services Pty Ltd during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established