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

[2013] FWCA 8085

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
(AG2013/10601)

JOHN GLASPER AIRCONDITIONING PTY LTD AND PLUMBERS UNION VIC COMMERCIAL REFRIGERATION AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 15 OCTOBER 2013

Application for approval of the John Glasper Airconditioning Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the John Glasper Airconditioning Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015 (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). 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.

[2] 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.

[3] Pursuant to s.190 of the Act, the Company has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[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 30 June 2015.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of an enterprise agreement between John Glasper Airconditioning Pty Ltd and the union. The dispute centred on the terms of the agreement and whether it complied with the requirements of the Fair Work Act 2009. The court was required to determine if the agreement was a valid enterprise agreement and if it met the criteria for being a single-interest employer agreement.

The legal issues before the court involved verifying whether the agreement was appropriately negotiated and if it contained all the necessary provisions as stipulated by the Fair Work Act. Additionally, the court had to consider whether the agreement was in the best interests of the employees and if it adhered to the procedural fairness principles. The court assessed the negotiation process, the contents of the agreement, and its implications for the employees.

The Fair Work Commission found that the agreement was appropriately negotiated and contained all the necessary provisions. The court was satisfied that the negotiation process was fair and that the agreement was in the best interests of the employees. The commission also determined that the agreement complied with the procedural fairness principles. Therefore, the court approved the agreement, confirming its validity and compliance with the Fair Work Act.

No further orders were made by the court beyond the approval of the agreement. The decision was based on the evidence presented and the findings that the agreement met all the necessary legal criteria. The court's approval signified that the agreement could be implemented as per its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established