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

[2013] FWCA 7071

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
(AG2013/2833)

ADVANCED INSULATION SERVICES AND CEPU- PLUMBING DIVISION (VIC) INSULATION ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 17 SEPTEMBER 2013

Application for approval of the Advanced Insulation Services and CEPU- Plumbing Division (Vic) Insulation Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Advanced Insulation Services and CEPU- Plumbing Division (Vic) Insulation 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 24 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members, and Advanced Insulation Services. The union sought approval of the Insulation Enterprise Agreement 2011-2015, which was negotiated between the union and the employer. The nature of the dispute was the union's application for the agreement's approval under the Fair Work Act 2009, specifically seeking to ensure that the agreement met the necessary criteria for registration.

The legal issues before the court were primarily concerned with whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. These included assessing whether the agreement contained the necessary minimum entitlements, was free from prohibited content, and did not discriminate against employees on the basis of sex, marital status, or pregnancy, among other things. The court also had to consider whether the agreement had been made in accordance with the good faith bargaining provisions of the Act.

In delivering its decision, the Fair Work Commission found that the agreement did meet the necessary criteria for approval. The Commission noted that the agreement contained all the required minimum entitlements, and that it did not contain any content that was prohibited by the Act. Furthermore, the Commission was satisfied that the agreement had been made in good faith and was not discriminatory. Consequently, the Commission approved the agreement, finding that it met the requirements for registration under the Fair Work Act.

The final orders of the court were that the Insulation Enterprise Agreement 2011-2015 between the union and Advanced Insulation Services be approved and registered under the Fair Work Act. The agreement was to be registered from the date of the Commission's decision, and would be in effect until the earlier of the date on which it was terminated in accordance with its own provisions, or 4 years from the date of registration.

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