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

[2013] FWCA 8304

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
(AG2013/10780)

RICHARDSONS PLUMBING WORKS PTY LTD - ROOFING UNION COLLECTIVE AGREEMENT 2013-2014

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 23 OCTOBER 2013

Application for approval of the Richardsons Plumbing Works Pty Ltd - Roofing Union Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known asthe Richardsons Plumbing Works Pty Ltd - Roofing Union Collective Agreement 2013-2014 (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 28 February 2014.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Richardsons Plumbing Works Pty Ltd. The union sought to have the 2013-2014 collective agreement, which outlined the terms and conditions of employment for workers under the agreement, formally recognised and approved by the Commission. This application was necessary to ensure the agreement's enforceability and to provide clarity and protection for both the union and the employer regarding the rights and obligations of the parties involved.

The primary legal issue the Commission had to address was whether the collective agreement met the requirements set out in the Fair Work Act 2009, specifically in terms of its compliance with the provisions that govern the content, form, and approval of such agreements. The Commission needed to assess whether the agreement provided for the terms and conditions of employment, was in writing and signed by the parties, and was made in good faith. Additionally, the Commission had to consider whether the agreement was made without any duress or coercion and whether it complied with the relevant provisions of the Fair Work Act.

The Commission, after carefully examining the collective agreement and the evidence provided by the parties, found that the agreement was indeed compliant with the relevant provisions of the Fair Work Act. The agreement was in writing, signed by both parties, and appeared to have been made in good faith. The Commission also determined that there was no evidence of duress or coercion in the making of the agreement. Consequently, the Commission approved the collective agreement, recognising it as a legally binding document that would govern the terms and conditions of employment for the workers covered by the agreement for the specified period.

In light of the Commission's decision, the 2013-2014 collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Richardsons Plumbing Works Pty Ltd was formally approved and recognised. This approval ensured that the agreement would be enforceable and would provide the necessary protections and rights for both the union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established