[2013] FWCA 8873 |
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
(AG2013/9942)
COOKE & DOWSETT PTY LTD AND CEPU (WA) UNION COLLECTIVE AGREEMENT 2013-2015
Plumbing industry | |
COMMISSIONER BLAIR | MELBOURNE, 12 NOVEMBER 2013 |
Application for approval of the Cooke & Dowsett Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2015.
[1] An application has been made, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single-enterprise agreement known as the Cooke & Dowsett Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2015 (the Agreement) by the 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] Pursuant to s.190 of the Act, Cooke & Dowsett Pty Ltd has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2013. The nominal expiry date of the Agreement is 30 June 2015.
ANNEXURE A
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2013] FWCA 8873
- Case
- [2013] FWCA 8873
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the terms and conditions outlined in the collective agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. Particular attention was given to clauses relating to employee entitlements, working conditions, and dispute resolution mechanisms. The employer argued that certain provisions were overly restrictive and potentially detrimental to the business operations, while the union contended that the agreement was fair and in line with industry standards.
In its decision, the Fair Work Commission examined the clauses in question and considered the broader context of the agreement. The Commission found that while some provisions raised valid concerns, others were reasonable and necessary to protect the rights and interests of the employees. The Commission exercised its discretion under the Fair Work Act to approve the agreement with modifications to certain clauses to address the employer's concerns, ensuring a fair balance between the interests of the employer and employees.
The final orders of the Commission included the approval of the collective agreement with specified amendments to particular clauses. These amendments were designed to mitigate the employer's concerns while maintaining the essential protections for employees as outlined in the original agreement. The decision underscored the importance of balancing the interests of both parties in collective bargaining agreements and the Commission's role in ensuring fairness and compliance with the law.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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