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

[2013] FWCA 7851

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
(AG2013/9247)

PIPELINE FIRE PROTECTION PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 8 OCTOBER 2013

Application for approval of the Pipeline Fire Protection Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known asthe Pipeline Fire Protection Pty Ltd and CEPU Plumbing Division Union Collective 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 - Queensland 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 - Queensland 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 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval from the Fair Work Commission for the Pipeline Fire Protection Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015. The dispute centred around the terms and conditions of employment for workers within the pipeline fire protection industry, specifically those represented by the CEPU Plumbing Division Union. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms of the collective agreement complied with the provisions of the Act. This included assessing whether the agreement contained any terms that might be considered to be unfair, or whether it provided for a proper process for the resolution of disputes. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated between the parties and whether it met the requirements for a "modern award" under the Act.

In delivering its decision, the Commission carefully examined the terms of the agreement and concluded that it was, in fact, a genuine bargain between the parties. The Commission found that the agreement provided for a fair and reasonable process for the resolution of disputes and did not contain any unfair terms. The Commission also noted that the agreement had been negotiated in good faith and met the requirements for a modern award under the Act. Consequently, the Commission approved the agreement, finding that it was consistent with the principles of the Act and the broader objectives of the Fair Work system.

The Fair Work Commission approved the Pipeline Fire Protection Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015, recognising it as a genuine bargain and a modern award under the Fair Work Act 2009. This decision ensures that the agreement will govern the terms and conditions of employment for workers within the pipeline fire protection industry, as represented by the CEPU Plumbing Division Union, for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established