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

[2013] FWCA 8478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/10868)

SYFON SYSTEMS PTY LTD AND CEPU (WA) UNION COLLECTIVE AGREEMENT 2013-2016

Plumbing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 28 OCTOBER 2013

Application for approval of the Syfon Systems Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Syfon Systems Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act2009 (the Act). 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 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. 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 from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for approval of the Syfon Systems Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016 (the Agreement). The Agreement was entered into between the Applicant and Syfon Systems Pty Ltd (the Respondent). The Applicant sought the Commission’s approval of the Agreement, which was to govern the employment conditions of employees of the Respondent who are members of the Applicant. The nature of the dispute was the validity and fairness of the terms and conditions set out in the Agreement.

The legal issues before the Commission included whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether the terms and conditions of the Agreement were fair and reasonable. The Applicant argued that the Agreement was appropriate and necessary to ensure fair and reasonable terms of employment for the employees. The Respondent, on the other hand, raised concerns about certain provisions of the Agreement, arguing that they were not fair and reasonable.

The Commission found that the Agreement met the statutory requirements for approval and that the terms and conditions were fair and reasonable. The Commission took into account the nature of the industry, the bargaining positions of the parties, and the need to ensure that the Agreement provided for fair and reasonable terms of employment. The Commission also considered the evidence presented by both parties and the submissions made during the hearing. The Commission was satisfied that the Agreement was appropriate and necessary to ensure fair and reasonable terms of employment for the employees.

The Commission approved the Agreement, subject to certain modifications to address the Respondent’s concerns. The modifications related to provisions concerning shift allowances and the calculation of overtime. The Commission considered that these modifications were necessary to ensure that the Agreement provided for fair and reasonable terms of employment. The Applicant and the Respondent were directed to implement the modified Agreement.

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