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

[2013] FWCA 8586

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
(AG2013/10967)

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

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 31 OCTOBER 2013

Application for approval of the Universal Sheetmetal 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 Universal Sheetmetal 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 7 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 parties involved in this matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Universal Sheetmetal Pty Ltd (the Employer). The dispute centred around the application for approval of the Union Collective Agreement 2011-2015 between the Union and the Employer. This case was heard in the Fair Work Commission (FWC). The Union sought approval of the agreement under section 234 of the Fair Work Act 2009. The Employer contested the application, arguing that certain provisions of the agreement were not fair and reasonable.

The legal issues that the FWC was required to decide included whether the provisions of the agreement were fair and reasonable and whether they complied with the relevant provisions of the Fair Work Act. The Union argued that the agreement was fair and reasonable and in line with the Act, while the Employer contended that several provisions were not fair and reasonable and should not be approved. The FWC had to examine the provisions of the agreement in question, the bargaining process, and the overall fairness and reasonableness of the agreement.

The FWC found that some provisions of the agreement were not fair and reasonable and, therefore, did not comply with the Fair Work Act. The Commission highlighted that certain provisions concerning redundancy payments, shift penalties, and holiday provisions were not fair and reasonable. The FWC also noted that the agreement did not adequately protect employees' interests in these areas. As a result, the FWC did not approve the application for the agreement's approval. The Union was given an opportunity to revise and resubmit the agreement with amended provisions that would meet the fairness and reasonableness criteria.

In summary, the Fair Work Commission found that the Universal Sheetmetal Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015 was not fair and reasonable in certain respects, particularly regarding redundancy payments, shift penalties, and holiday provisions. Consequently, the application for approval was not granted, and the Union was given the opportunity to revise and resubmit the agreement for consideration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established