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

[2013] FWCA 8217

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
(AG2013/9510)

QLD PLUMBING CONTRACTORS PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 21 OCTOBER 2013

Application for approval of the Qld Plumbing Contractors Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known asthe QLD Plumbing Contractors 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). 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 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to the Fair Work Commission for approval of the Queensland Plumbing Contractors Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015. The respondent, Queensland Plumbing Contractors Pty Ltd, did not oppose the application but raised concerns about the agreement's provisions. The Fair Work Commission was required to determine whether the agreement was in the public interest and met the relevant criteria for approval.

The court had to examine the provisions of the agreement to assess whether they were in the public interest and met the criteria for approval. This included evaluating the agreement's impact on employees, employers, and the broader community, as well as ensuring that the agreement did not undermine the principles of the Fair Work Act 2009 (Cth). The court also considered the parties' bargaining positions and whether the agreement was the product of genuine bargaining.

The Fair Work Commission found that the agreement was in the public interest and met the criteria for approval. The court determined that the agreement provided for fair and reasonable terms and conditions of employment, and did not undermine the principles of the Fair Work Act. The court also found that the agreement was the product of genuine bargaining between the parties. As a result, the Fair Work Commission approved the Queensland Plumbing Contractors Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

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