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

[2013] FWCA 8904

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
(AG2013/11118)

ZILMAC ERECTIONS PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 13 NOVEMBER 2013

Application for approval of the Zilmac Erections Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Zilmac Erections Pty Ltd and CEPU Plumbing Division 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 20 November 2013. The nominal expiry date of the Agreement is31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the union) and Zilmac Erections Pty Ltd (the employer). The union sought approval for a collective agreement with the employer, which would cover the period from 2011 to 2015. The Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions, and whether it aligned with the principles of the National Employment Standards and the modern awards applicable to the employees. The Commission had to consider the provisions of the Fair Work Act, the principles of good faith bargaining, and the broader economic and social context in which the agreement was negotiated.

In delivering its decision, the Commission found that the proposed agreement was fair and reasonable in all its terms. The Commission noted that the agreement provided for appropriate wage increases and other benefits for the employees, and that it aligned with the relevant modern awards. The Commission also found that the agreement was the product of good faith bargaining between the parties, and that it was in the best interests of the employees. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act.

The Commission's decision provides important guidance for employers and unions seeking to negotiate and approve collective agreements. The decision emphasises the importance of good faith bargaining and the need for agreements to provide for fair and reasonable terms and conditions for employees. The decision also highlights the role of the Commission in ensuring that agreements comply with the requirements of the Fair Work Act and the broader principles of Australian industrial relations law.

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