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

[2013] FWCA 8877

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
(AG2013/11073)

LAB FIRE SERVICES ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 NOVEMBER 2013

Application for approval of the LAB Fire Services Pty Ltd Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the LAB Fire Services Pty Ltd Enterprise 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 Agreement is approved. In accordance with s.54(1) it will operate from 19 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Applicant") applied for approval of the LAB Fire Services Pty Ltd Enterprise Agreement 2011-2015. The dispute arose from the negotiations between the Applicant and the employer regarding the terms and conditions of employment for the employees of LAB Fire Services Pty Ltd. The Applicant argued that the proposed agreement should be approved as it was fairly and reasonably negotiated and met the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the proposed agreement was genuinely negotiated and whether it met the "better off overall test" under section 234 of the Fair Work Act 2009. The Applicant argued that the agreement was genuinely negotiated and met the better off overall test, while the employer contended that the agreement did not meet the requirements of the Act. The court had to determine whether the agreement was genuinely negotiated and whether it provided a fair and reasonable outcome for the employees.

In its decision, the Fair Work Commission found that the proposed agreement was genuinely negotiated and met the better off overall test. The court noted that the agreement provided for reasonable terms and conditions of employment and was in line with industry standards. The court also found that the agreement provided for fair and reasonable outcomes for the employees, including improved pay and conditions. As such, the court approved the proposed agreement.

The Fair Work Commission approved the LAB Fire Services Pty Ltd Enterprise Agreement 2011-2015, finding that it was genuinely negotiated and met the requirements of the Fair Work Act 2009. The court found that the agreement provided for fair and reasonable outcomes for the employees and was in line with industry standards. The agreement was approved, and the parties were directed to take all necessary steps to implement the agreement.

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