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

[2013] FWCA 7216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/2866)

HARRIS & THORN PLUMBING & GASFITTING LTD AND CEPU-PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 19 SEPTEMBER 2013

Application for approval of the Harris & Thorn Plumbing & Gasfitting Ltd and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Harris & Thorn Plumbing & Gasfitting Ltd and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CEPU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 26 September 2013. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEPIU), which sought approval for the Harris & Thorn Plumbing & Gasfitting Ltd and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015. The union argued that the agreement met the requirements under the Fair Work Act 2009 and should be approved for the specified period.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically concerning the process of fair and genuine bargaining and the provisions related to pay and conditions. The Commission needed to determine if the agreement had been made through genuine bargaining, and if it contained the necessary minimum terms and conditions as mandated by the Act.

In examining the evidence presented, the Commission found that the agreement had been made through genuine bargaining. The Commission noted the evidence of negotiations between the employer and the union, and concluded that the agreement reflected a fair and genuine process of bargaining. Furthermore, the Commission confirmed that the agreement contained all the mandated minimum terms and conditions, including provisions on pay rates, hours of work, and other employment-related matters. Given these findings, the Commission approved the enterprise agreement for the period specified.

The Fair Work Commission approved the Harris & Thorn Plumbing & Gasfitting Ltd and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015, effective from 1 June 2011 and expiring on 31 May 2015. This decision was based on the evidence of genuine bargaining and the inclusion of all mandated minimum terms and conditions in the agreement.

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