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

[2013] FWCA 7175

The attached document replaces the document previously issued with the above code on 20 September 2013.

The title of the Agreement has been amended to; Sydmec Engineering ACT Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

Stevie Smith

Associate to Commissioner Riordan

30 September 2013

[2013] FWCA 7175

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
(AG2013/1805)

SYDMEC ENGINEERING ACT PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Sydmec Engineering ACT 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 Sydmec Engineering ACT 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 bythe 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) have 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

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval for the Sydmec Engineering ACT Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015. The union aimed to have the agreement, which outlined terms and conditions of employment for its members working for Sydmec, recognised as a registered union agreement under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the necessary legal standards for registration, including provisions on minimum wages, penalty rates, and other employment conditions.

The legal issues before the Commission included whether the agreement provided for minimum wages and conditions that were no less favourable than those stipulated by the relevant award or the Fair Work Act, and whether the agreement contained provisions that were not in breach of any other relevant legislation. The Commission had to determine if the agreement was genuinely negotiated by the union and the employer, and if it complied with the requirements of the Fair Work Act, including the protection of employees' rights and interests.

The Fair Work Commission examined the agreement clause by clause, ensuring that it met all legislative requirements for registration. It found that the agreement did indeed provide for terms and conditions that were at least as favourable as those provided by the relevant award and the Fair Work Act. The Commission also determined that the agreement had been genuinely negotiated and contained no provisions that breached any other relevant legislation. Consequently, the Commission approved the agreement, recognising it as a registered union agreement under the Fair Work Act.

The final orders of the Fair Work Commission were that the Sydmec Engineering ACT Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015 be registered as a registered union agreement under section 175 of the Fair Work Act 2009, effective from the date of the Commission's decision.

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