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

[2013] FWCA 7984

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
(AG2013/9544)

ADVANCED PLUMBING & DRAINS PTY LTD & CEPU ACT ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 11 OCTOBER 2013

Application for approval of the Advanced Plumbing & Drains Pty Ltd & CEPU ACT Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known asthe Advanced Plumbing & Drains Pty Ltd & CEPU ACT Enterprise Agreement 2013-2016 (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 - NSW 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 - NSW 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 30 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Advanced Plumbing & Drains Pty Ltd. The nature of the dispute was an application for the approval of the Enterprise Agreement between the union and the company for the period 2013-2016. The case was heard in the Fair Work Commission of Australia.

The legal issues before the court were whether the Enterprise Agreement met the requirements of the Fair Work Act 2009, including the criteria of being in writing, being made by an employer and a registered organisation, and meeting the procedural fairness requirements. The court was also required to determine if the agreement was in the best interests of the employees and whether it complied with the provisions of the National Employment Standards.

The court found that the Enterprise Agreement met all the necessary legal requirements and was in the best interests of the employees. The agreement was in writing, made by an employer and a registered organisation, and met the procedural fairness requirements. The court also found that the agreement complied with the provisions of the National Employment Standards. The court approved the Enterprise Agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The court's decision was based on a thorough analysis of the agreement and consideration of the evidence presented by both parties. The final orders of the court were that the Enterprise Agreement be approved and registered with the Fair Work Commission.

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