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

[2013] FWCA 8697

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
(AG2013/11039)

LAMB PLUMBING PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 6 NOVEMBER 2013

Application for approval of the Lamb Plumbing Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Lamb Plumbing Pty Ltd and CEPU Plumbing Division Union Collective 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 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 13 November 2013. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Lamb Plumbing Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015. The primary dispute centred on the terms of the agreement and whether they complied with relevant industrial laws and standards. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The court was tasked with determining whether the agreement's provisions were consistent with the applicable legislative framework, including the Fair Work Act 2009. This involved assessing whether the agreement appropriately addressed the employees' conditions, including wages, hours of work, and other employment terms. The court also considered whether the agreement met the requirements for good faith bargaining and whether it provided for the resolution of any future disputes. The primary legal issue was whether the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

In reaching its decision, the court examined the specific terms of the agreement and the context in which it was negotiated. The court found that the agreement met the necessary requirements for approval. It was satisfied that the agreement was the product of genuine bargaining between the parties, and that it contained provisions that were fair and reasonable in all the circumstances. The court considered the evidence presented by both the union and the employer, and concluded that the agreement was in compliance with the Fair Work Act and other relevant legislation. As such, the court approved the agreement, paving the way for its implementation.

The court's final order was that the Lamb Plumbing Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015 be approved, effective from the date of the decision. This decision allowed the agreement to be implemented, providing a framework for the terms and conditions of employment for the relevant period. The approval was contingent upon the agreement being registered with the Fair Work Commission, which would provide a mechanism for any future disputes to be resolved.

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