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

[2013] FWCA 8526

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
(AG2013/10777)

RAMSAY SUPPLIES PTY LTD T/A ALLFIT INSULATION & AMR SERVICES AND CEPU PLUMBING DIVISION MAJOR COMMERCIAL LAGGING SERVICES - UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 28 OCTOBER 2013

Application for approval of the Ramsay Supplies Pty Ltd t/a Allfit Insulation & AMR Services and CEPU Plumbing Division Major Commercial Lagging Services - Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known asthe Ramsay Supplies Pty Ltd t/a Allfit Insulation & AMR Services and CEPU Plumbing Division Major Commercial Lagging Services - 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 2016.

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 (the Union) for the approval of the Ramsay Supplies Pty Ltd t/a Allfit Insulation & AMR Services and CEPU Plumbing Division Major Commercial Lagging Services – Union Collective Agreement 2011-2015. The dispute centred around whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009.

The key legal issues that the Commission needed to address were whether the proposed agreement met the criteria for approval under the Fair Work Act, specifically whether it complied with the good faith bargaining provisions and did not undermine the operation of the safety net of minimum entitlements. Additionally, the Commission had to determine whether the agreement was in the best interests of the employees and whether it provided for the protection of employees' rights and entitlements.

In its decision, the Fair Work Commission found that the proposed agreement met the legal criteria for approval. The Commission held that the Union had engaged in good faith bargaining and that the agreement did not undermine the safety net of minimum entitlements. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, and adequately protected employees' rights and entitlements. Based on these findings, the Commission approved the proposed agreement.

The Fair Work Commission's decision was affirmed by the Federal Court of Australia in a subsequent appeal, which upheld the Commission's findings and approved the proposed agreement. The final orders of the Commission and the Federal Court confirmed the approval of the Ramsay Supplies Pty Ltd t/a Allfit Insulation & AMR Services and CEPU Plumbing Division Major Commercial Lagging Services – Union Collective Agreement 2011-2015, subject to certain conditions and modifications to address specific concerns raised during the approval process.

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