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

[2013] FWCA 8670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/10994)

TANK VISION PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013 - 2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 4 NOVEMBER 2013

Application for approval of the Tank Vision Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Tank Vision Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013 - 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 - Plumbing Division - New South Wales Branch (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - New South Wales Branch (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Tank Vision Pty Ltd. The Union sought approval for an enterprise agreement between Tank Vision and the CEPU Plumbing Division - NSW Branch for the years 2013 to 2015. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. This included assessing if the agreement was made in good faith and if it provided for minimum terms and conditions of employment as stipulated by the Act.

The Fair Work Commission examined the agreement's provisions, ensuring that it included all mandatory minimum terms and conditions as required by the Act. The Commission considered the evidence provided by both parties and evaluated whether the agreement was genuinely negotiated and not imposed. The Union argued that the agreement was made in good faith and represented the fair terms for the employees. Tank Vision Pty Ltd supported the Union's position, stating that the agreement was the result of genuine negotiations. The Commission found that the agreement satisfied the necessary criteria for approval, as it included all required minimum terms and conditions and was genuinely negotiated between the parties.

As a result, the Fair Work Commission approved the Tank Vision Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013 - 2015, confirming its compliance with the Fair Work Act 2009. The approval was based on the evidence that the agreement was made in good faith and provided for the minimum terms and conditions of employment as required by the Act. The agreement was deemed to be fair and appropriate for the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established