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

[2013] FWCA 8807

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
(AG2013/9943)

COMMERCIAL MECHANICAL SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 8 NOVEMBER 2013

Application for approval of the Commercial Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[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 Commercial Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement). The application was 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 15 November 2013. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Commercial Mechanical Services Pty Ltd (the Employer). The Union sought approval of the Enterprise Agreement 2011-2015, which was intended to regulate the employment conditions of the employees in the plumbing division of the Employer. The matter was heard in the Fair Work Commission (FWC).

The central legal issue that the FWC had to address was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009. Specifically, the FWC needed to determine whether the agreement had been fairly negotiated and whether it met the "better-off, overall test" for approval. This test required the FWC to consider whether the agreement would provide employees with a "fair share" of the benefits of productivity improvements over the life of the agreement.

In reaching its decision, the FWC examined the evidence presented regarding the negotiation process, the terms of the agreement, and the impact of the agreement on employees. The FWC found that the negotiation process had been conducted in good faith and that the agreement had been fairly negotiated. The FWC also found that the agreement met the better-off, overall test, as it provided employees with a fair share of the benefits of productivity improvements. Accordingly, the FWC approved the Enterprise Agreement 2011-2015.

The FWC's approval of the Enterprise Agreement means that it is now legally binding on both the Union and the Employer. The agreement sets out the terms and conditions of employment for employees in the plumbing division of the Employer, including wages, hours of work, and other employment-related matters. The approval of the agreement ensures that employees will receive a fair share of the benefits of productivity improvements over the life of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established