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

[2013] FWCA 8437

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
(AG2013/10953)

DIVERSE FIRE GROUP SPRINKLER FITTERS COLLECTIVE AGREEMENT 2013

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 28 OCTOBER 2013

Application for approval of the Diverse Fire Group Sprinkler Fitters Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Diverse Fire Group Sprinkler Fitters Collective Agreement 2013 (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 (CEPU) and Diverse Fire Group Pty Ltd. 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 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. 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 5 November 2013. The nominal expiry date of the Agreement is 1 May 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Diverse Fire Group. The dispute centred around the approval of the Diverse Fire Group Sprinkler Fitters Collective Agreement 2013. The matter was heard in the Fair Work Commission. The legal issues that the court was required to decide included whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, and whether the agreement contained provisions that were contrary to public policy.

The Fair Work Commission began by examining whether the agreement was in the prescribed form and whether the necessary parties had been involved in the negotiation process. It was found that the agreement met these criteria. The Commission then assessed whether the agreement contained any provisions that were contrary to public policy. In this case, the Commission determined that there were no provisions that contravened public policy. The Commission then approved the agreement, finding that it met all necessary criteria and did not contain any provisions that were contrary to public policy.

The court's reasoning was based on a thorough examination of the agreement and the relevant legislation. The court found that the agreement had been negotiated in good faith and that all necessary parties had been involved in the negotiation process. The court also found that the agreement did not contain any provisions that were contrary to public policy. The court's decision was therefore to approve the Diverse Fire Group Sprinkler Fitters Collective Agreement 2013.

The final orders of the court were to approve the Diverse Fire Group Sprinkler Fitters Collective Agreement 2013, effective from the date of the decision. The court found that the agreement met all necessary criteria and did not contain any provisions that were contrary to public policy. The court's decision was therefore to approve the agreement and to bring it into effect.

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