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

[2013] FWCA 7847

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
(AG2013/9442)

MEGOZ FIRE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 8 OCTOBER 2013

Application for approval of the Megoz Fire Systems Pty Ltd Enterprise Agreement 2011- 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Megoz Fire Systems Pty Ltd Enterprise Agreement 2011-2015 (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 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Megoz Fire Systems Pty Ltd Enterprise Agreement 2011-2015. The Union argued that the agreement was fair and appropriate, while the employer contended that it was not. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues before the court were whether the Enterprise Agreement was a "direct substitution" of terms and conditions of employment and whether it provided for a "safety net" of minimum entitlements. The court had to determine if the agreement met the requirements of the Fair Work Act 2009, including ensuring that employees were not worse off than under the applicable award or safety net provisions.

The Fair Work Commission found that the Enterprise Agreement was not a direct substitution of terms and conditions of employment, as it provided for a safety net of minimum entitlements. The court held that the agreement was fair and appropriate, taking into account the nature of the workplace and the bargaining positions of the parties. The Commission approved the Enterprise Agreement, finding that it complied with the requirements of the Fair Work Act 2009.

No further orders were made by the court. The Enterprise Agreement was approved, and the Union's application was successful. The decision serves as a reminder of the importance of ensuring that Enterprise Agreements provide for a safety net of minimum entitlements and do not directly substitute terms and conditions of employment, in order to be approved by 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