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

[2013] FWCA 6707

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
(AG2013/2647)

URBAN MAINTENANCE SYSTEMS PTY LTD AND PLUMBING UNION (VIC & NSW) ENTERPRISE AGREEEMENT 2012-2016

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Urban Maintenance Systems Pty Ltd and Plumbing Union (Vic & NSW) Enterprise Agreement 2012-2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Urban Maintenance Systems Pty Ltd and Plumbing Union (Vic & NSW) Enterprise Agreement 2012-2016 (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 13 September 2013. The nominal expiry date of the Agreement is 1 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Urban Maintenance Systems Pty Ltd and Plumbing Union (Vic & NSW) Enterprise Agreement 2012-2016. The application was made under section 235 of the Fair Work Act 2009. The Plumbing Union (Vic & NSW) is the sole certified bargaining agent for employees of Urban Maintenance Systems Pty Ltd, and the dispute concerned the terms and conditions of employment for those workers.

The key legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for the safety, health and welfare of employees, and whether it provided for fair and reasonable terms and conditions. The Commission also considered whether the agreement was consistent with the National Employment Standards and if it provided for the appropriate classification and remuneration of employees.

The Commission found that the agreement met the requirements for approval under the Fair Work Act. It provided for the safety, health and welfare of employees, and for fair and reasonable terms and conditions. The agreement also provided for the appropriate classification and remuneration of employees, and was consistent with the National Employment Standards. The Commission noted that the agreement provided for a number of improvements for employees, including increased wages and improved leave provisions.

The Fair Work Commission approved the Urban Maintenance Systems Pty Ltd and Plumbing Union (Vic & NSW) Enterprise Agreement 2012-2016. The agreement will now apply to all employees of Urban Maintenance Systems Pty Ltd who are covered by the agreement. The decision provides certainty for both employers and employees, and ensures that the agreement is consistent with the relevant legislation and standards.

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