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

[2013] FWCA 7936

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
(AG2013/8511)

CHRISTOPHER CONTRACTING PTY LTD AND CEPU (WA) UNION COLLECTIVE AGREEMENT 2013-2016

Plumbing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 OCTOBER 2013

Application for approval of the Christopher Contracting Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Christopher Contracting Pty Ltd 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.

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 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.

[3] 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of a collective agreement with Christopher Contracting Pty Ltd (the Employer). The Union sought to have the agreement, which covered the period from 2013 to 2016, recognised as a registered instrument. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the collective agreement complied with the provisions of the Act, particularly section 232, which outlines the conditions for approval of such agreements. This involved assessing whether the agreement had been made in good faith, whether it contained terms that were necessary for the protection of the employees, and whether it complied with the provisions of the National Employment Standards and other relevant awards and agreements. Additionally, the Commission needed to consider whether the agreement provided for the resolution of disputes in a manner consistent with the Act.

In making its decision, the Commission found that the agreement met the statutory requirements for approval. It was satisfied that the agreement had been made in good faith and contained terms that were necessary for the protection of the employees. The Commission noted that the agreement provided for the resolution of disputes through a formal process, which was consistent with the requirements of the Act. The Commission also considered the content of the agreement and found that it did not contain any terms that were contrary to the National Employment Standards or other relevant awards and agreements. Based on these findings, the Commission approved the agreement as a registered instrument.

Consequently, the Fair Work Commission approved the Christopher Contracting Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016 as a registered instrument, effective from the date of the decision. This decision provides certainty for both the Union and the Employer, as well as the employees covered by the agreement, in relation to their rights and obligations under the approved collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established