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

[2013] FWCA 7982

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
(AG2013/2790)

COMMERCIAL PIPE INSTALLATIONS AND CEPU (WA) UNION COLLECTIVE AGREEMENT 2013-2016

Plumbing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 14 OCTOBER 2013

Application for approval of the Commercial Pipe Installations and CEPU (WA) Union Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Commercial Pipe Installations and CEPU (WA) Union Collective Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, who sought approval for the Commercial Pipe Installations and CEPU (WA) Union Collective Agreement 2013-2016. The Fair Work Commission, the relevant tribunal, was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the collective agreement complied with the statutory requirements, including whether it was made in good faith, provided for proper workplace relations, and was free from any unfair content. The Commission also needed to consider whether the agreement adequately protected the rights of employees and employers, including provisions for minimum wages, conditions, and dispute resolution mechanisms.

In assessing the agreement, the Fair Work Commission examined the specific provisions of the collective agreement, including those related to wages, hours of work, and other employment conditions. The Commission determined that the agreement was made in good faith and was free from any unfair content. The Commission found that the agreement adequately protected the rights of employees and employers and provided for proper workplace relations. Consequently, the Commission approved the agreement, finding it met the statutory requirements for approval.

The Fair Work Commission's decision was to approve the Commercial Pipe Installations and CEPU (WA) Union Collective Agreement 2013-2016, subject to any minor changes required to ensure compliance with the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions of employment for the relevant employees are governed by the collective agreement, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established