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

[2013] FWCA 8093

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
(AG2013/9701)

PURE PLUMBING SOLUTIONS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 15 OCTOBER 2013

Application for approval of the Pure Plumbing Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Pure Plumbing Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act), by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[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 the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 22 October 2013. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Pure Plumbing Solutions Pty Ltd. The union sought approval of the 2011-2015 Enterprise Agreement between the union and the company's Plumbing Division in Victoria. The case was heard in the Fair Work Commission, which has jurisdiction over such employment matters. The union argued that the agreement should be approved as it provided for fair and reasonable terms and conditions of employment for its members. The company contested the approval, asserting that certain provisions of the agreement were not in line with the objectives of the Fair Work Act 2009.

The primary legal issues before the court were whether the Enterprise Agreement met the criteria for approval under the Fair Work Act, and whether the terms and conditions of employment provided for in the agreement were fair and reasonable. The court needed to determine whether the agreement satisfied the requirements for being a "registerable" agreement, including whether it related to the employees' terms and conditions of employment, and whether it promoted high levels of enterprise bargaining. Additionally, the court had to assess whether the agreement unfairly disadvantaged any group of employees or was contrary to public policy.

In delivering its decision, the Fair Work Commission found that the Enterprise Agreement did indeed meet the criteria for approval. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it promoted high levels of enterprise bargaining. The Commission held that the agreement did not unfairly disadvantage any group of employees, nor was it contrary to public policy. Consequently, the court approved the agreement, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees and employers involved.

The Fair Work Commission approved the Pure Plumbing Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The decision was made on the basis that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the requirements for being a "registerable" agreement under the Fair Work Act. The court found that the agreement promoted high levels of enterprise bargaining and did not unfairly disadvantage any group of employees or contravene public policy.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established