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

[2013] FWCA 7594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/1864)

PINNACLE AIR PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 27 SEPTEMBER 2013

Application for approval of the Pinnacle Air Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Pinnacle Air 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) and nominates the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch (the Union) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) to approve the Pinnacle Air Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The respondent, Pinnacle Air Pty Ltd, did not oppose the application but raised concerns about the agreement's terms. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements for registration under the Fair Work Act. This involved assessing whether the agreement was made in good faith and whether it contained appropriate provisions for the resolution of future disputes. The Commission also had to determine if the agreement was consistent with the Fair Work Act's objectives, particularly in relation to promoting high levels of employment and workplace participation, and facilitating productive workplace relations.

The Commission found that the agreement was made in good faith and contained appropriate provisions for the resolution of future disputes. It also found that the agreement's terms were consistent with the objectives of the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable process for resolving disputes and that it contained provisions that promoted high levels of employment and workplace participation. The Commission was satisfied that the agreement met the requirements for registration under the Fair Work Act.

The Commission approved the agreement as a registered agreement, effective from 1 July 2011 to 30 June 2015. The decision was made on the basis that the agreement met the requirements for registration under the Fair Work Act and was consistent with its objectives. The Commission's decision provides clarity for the parties involved and sets a precedent for future collective bargaining agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established