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

[2013] FWCA 7652

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
(AG2013/9220)

LINKS PLUMBING SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 1 OCTOBER 2013

Application for approval of the Links Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known asthe Links Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 (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, 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, 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 matter before the Fair Work Commission involved an application for the approval of the Links Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015. The applicant, CEPU, sought the approval of the agreement, which was entered into between Links Plumbing Services Pty Ltd and the union. The dispute arose from the terms and conditions outlined in the agreement, which were contested by the parties. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues the Commission needed to resolve were whether the agreement was made in good faith, whether it contained the necessary provisions to ensure the fair treatment of employees, and whether it complied with the procedural requirements for enterprise agreements. Furthermore, the Commission had to examine whether the agreement met the criteria for "registered" status, including whether it was free from any illegality and whether it had been appropriately negotiated.

In its decision, the Commission thoroughly reviewed the provisions of the agreement and considered the evidence presented by both parties. It found that the agreement was made in good faith and contained provisions that ensured fair treatment of employees. The Commission also determined that the agreement met all procedural requirements and was free from any illegality. Consequently, the Commission approved the agreement, granting it registered status.

The Commission's final order was the approval of the Links Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015. The agreement was registered, effective from the date of the decision, ensuring that it would be binding on all parties involved and enforceable under the Fair Work Act 2009. This decision provided clarity and legal certainty for both the employer and the union, as well as the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established