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

[2013] FWCA 8876

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
(AG2013/11065)

AXIS PLUMBING (ACT) & CEPU ACT ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 NOVEMBER 2013

Application for approval of the Axis Plumbing (ACT) & CEPU ACT Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Axis Plumbing (ACT) & CEPU ACT Enterprise Agreement 2013-2016 (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 19 November 2013. The nominal expiry date of the Agreement is 30 May 2016.

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 lodged an application for the approval of the Axis Plumbing (ACT) & CEPU ACT Enterprise Agreement 2013-2016. The application was made under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees of Axis Plumbing in the ACT region, as negotiated between the union and the employer.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act, particularly in terms of its provisions regarding wages, hours of work, and other conditions of employment. The Commission also had to consider whether the agreement provided for the proper resolution of workplace disputes and whether it included provisions that were contrary to public policy.

After considering the submissions from both parties, the Commission found that the agreement did meet the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it included appropriate mechanisms for the resolution of workplace disputes. The Commission also found that there were no provisions in the agreement that were contrary to public policy. Accordingly, the Commission approved the agreement, finding that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the Axis Plumbing (ACT) & CEPU ACT Enterprise Agreement 2013-2016, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of overtime rates and the inclusion of a clause prohibiting the employer from engaging in certain types of industrial action. The Commission noted that these modifications were necessary to ensure that the agreement complied with the relevant provisions of the Act.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established