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

[2013] FWCA 8626

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
(AG2013/10949)

APPLIED AIR SERVICES PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 1 NOVEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known asthe Applied Air Services 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). 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 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of a collective agreement between Applied Air Services Pty Ltd and the CEPU Plumbing Division. The dispute centred on whether the proposed agreement met the necessary standards and requirements under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the best interests of the employees and complied with the relevant provisions of the Act.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms and conditions for the employees, whether it met the procedural requirements for approval, and whether the agreement addressed the needs and interests of the employees in a balanced and fair manner. The Commission also considered whether the agreement provided for appropriate dispute resolution mechanisms and whether it complied with any relevant awards or registered agreements. Furthermore, the Commission examined whether the agreement was made in good faith and whether the union had appropriately represented the interests of the employees.

In delivering its decision, the Commission carefully reviewed the terms and conditions of the proposed agreement, considering the evidence and submissions provided by both parties. The Commission found that the agreement provided fair and reasonable terms and conditions for the employees and met the procedural requirements for approval. The Commission also determined that the agreement addressed the needs and interests of the employees in a balanced and fair manner, providing for appropriate dispute resolution mechanisms and complying with any relevant awards or registered agreements. Additionally, the Commission found that the agreement was made in good faith and that the union had appropriately represented the interests of the employees.

Consequently, the Fair Work Commission approved the Applied Air Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015, recognising it as a lawful and appropriate agreement that provided fair and reasonable terms and conditions for the employees. The Commission's decision provided certainty and stability for both parties, ensuring that the agreement would be implemented and that the employees would benefit from its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established