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

[2013] FWCA 8624

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
(AG2013/10947)

GORDON CLEMENTS NOMINEES PTY LTD T/AS CALTY CONSTRUCTIONS - ROOFING UNION COLLECTIVE AGREEMENT 2013-2014

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 1 NOVEMBER 2013

Application for approval of the Gordon Clements Nominees Pty Ltd t/as Calty Constructions - Roofing Union Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known asthe Gordon Clements Nominees Pty Ltd t/as Calty Constructions - Roofing Union Collective Agreement 2013-2014 (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 - Queensland 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 - Queensland 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 28 February 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Gordon Clements Nominees Pty Ltd trading as Calty Constructions – Roofing Union Collective Agreement 2013-2014. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to have the agreement registered with the Fair Work Commission. The respondent, Gordon Clements Nominees Pty Ltd, did not contest the application but raised concerns about the process by which the agreement had been negotiated and agreed upon.

The central legal issue for the Commission to decide was whether the agreement had been negotiated in good faith and whether it complied with the requirements of the Fair Work Act 2009. The respondent's concerns centred on the process of negotiation and the extent to which the union had genuinely represented the interests of the employees during the negotiations. The Commission needed to determine whether the agreement met the standards for good faith bargaining and whether it was fair and reasonable in its terms.

The Fair Work Commission examined the evidence presented regarding the negotiation process and the content of the agreement. The Commission found that the union had acted in good faith and had genuinely represented the interests of the employees. The Commission was satisfied that the agreement was fair and reasonable, and met the statutory requirements for approval. The Commission approved the application and registered the agreement, emphasising the importance of good faith bargaining and fair representation in industrial relations.

The final orders of the Fair Work Commission were that the Gordon Clements Nominees Pty Ltd t/as Calty Constructions – Roofing Union Collective Agreement 2013-2014 be approved and registered. The Commission acknowledged the importance of ensuring that collective agreements are negotiated fairly and that the rights and interests of both employers and employees are protected. The Commission's decision reinforced the need for good faith bargaining and fair representation in the negotiation of collective agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established