[2013] FWCA 8878 |
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
(AG2013/10011)
NRS CONTRACTORS PTY LTD AND PLUMBERS UNION VIC COMMERCIAL REFRIGERATION AGREEMENT 2012 - 2015
Plumbing industry | |
COMMISSIONER BLAIR | MELBOURNE, 12 NOVEMBER 2013 |
Application for approval of the NRS Contractors Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012 - 2015.
[1] An application has been made for approval of a single-enterprise agreement known as the NRS Contractors Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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] 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.
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2013] FWCA 8878
- Case
- [2013] FWCA 8878
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement was genuinely negotiated, whether the agreement was in the best interests of the employees, and whether the Union had acted fairly and reasonably in the negotiation process. The Commission had to consider whether the Union had complied with its obligations under the Fair Work Act 2009, particularly in relation to the negotiation, conclusion, and operation of the agreement. Furthermore, the Commission needed to assess whether the agreement was consistent with the National Employment Standards and the applicable award provisions.
The Commission found that the Union had genuinely negotiated the agreement with the Employer, and that the agreement was in the best interests of the employees. The Union had provided evidence of the negotiation process, including the attendance of witnesses and the submission of documentation. The Commission was satisfied that the Union had acted fairly and reasonably in the negotiation process, and that the agreement was consistent with the relevant legislative provisions. The Commission approved the agreement, noting that it provided for appropriate terms and conditions of employment for the employees in the commercial refrigeration sector.
The Fair Work Commission approved the Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015, recognising the efforts of both the Union and the Employer in reaching a fair and reasonable agreement. The approval of the agreement ensures that employees in the commercial refrigeration sector are provided with appropriate terms and conditions of employment, while also maintaining a balance between the interests of the Union, the Employer, and the employees themselves.
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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