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

[2013] FWCA 7213

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
(AG2013/2890)

JOROB PLUMBING SERVICES PTY LTD AND CEPU - PLUMBING DIVISON (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 19 SEPTEMBER 2013

Application for approval of the Jorob Plumbing Services Pty Ltd and CEPU - Plumbing Divison (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Jorob Plumbing Services Pty Ltd and CEPU - Plumbing Divison (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 applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of an enterprise agreement between the union and Jorob Plumbing Services Pty Ltd. The matter was heard in the Fair Work Commission. The union argued that the agreement should be approved as it met the requirements of the Fair Work Act 2009. The employer argued that the agreement did not meet the requirements for approval.

The key legal issues before the Commission were whether the agreement contained the necessary protected action provisions and whether it was appropriately certified. The Commission considered whether the agreement met the requirements of sections 230 and 231 of the Fair Work Act, including whether it contained provisions for protected actions and whether it was appropriately certified. The Commission also considered whether the agreement met the requirements for good faith bargaining and whether it was in the best interests of the employees.

The Commission found that the agreement met the requirements for approval. The Commission found that the agreement contained the necessary protected action provisions and that it was appropriately certified. The Commission also found that the agreement was the product of good faith bargaining and that it was in the best interests of the employees. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission made an order approving the Jorob Plumbing Services Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 as a certified agreement under the Fair Work Act. The order was made on the basis that the agreement met the requirements for approval and was in the best interests of the employees. The agreement is now a legally binding enterprise agreement between the union and the employer, and will remain in effect until it is replaced by a new agreement or expires.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established