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

[2013] FWCA 6791

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
(AG2013/8538)

FLUID CONTRACTING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013-2015.

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 10 SEPTEMBER 2013

Application for approval of the Fluid Contracting Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known asthe Fluid Contracting Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 (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 - NSW 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 - NSW 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 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Fluid Contracting Pty Ltd, the Fair Work Commission was asked to consider an application for approval of an enterprise agreement. The agreement in question, the Fluid Contracting Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015, had been negotiated between the union and the employer, and was now subject to scrutiny under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Act. This included considerations of whether the agreement provided for the pay and conditions of employees, whether it had been made in good faith, and whether it complied with the "better off overall test". The Commission also needed to determine if the agreement contained any provisions that were contrary to public policy or otherwise unenforceable.

The Commission found that the agreement did meet the statutory requirements for approval. The agreement provided for the pay and conditions of employees in a manner that was consistent with the Act, and it had been made in good faith. The Commission also found that the agreement passed the "better off overall test", as it provided for improved conditions for employees overall. Additionally, the Commission determined that the agreement did not contain any provisions that were contrary to public policy or otherwise unenforceable. Accordingly, the Commission approved the agreement under section 232 of the Fair Work Act 2009.

The Commission's final order was that the Fluid Contracting Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 be approved as a registered agreement under section 173 of the Fair Work Act 2009. This decision provides certainty for both the employer and the employees covered by the agreement, and ensures that their rights and obligations are governed by a legally enforceable document.

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