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

[2013] FWCA 6427

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
(AG2013/2551)

LIQUID VISION PLUMBING GROUP PTY LTD AND CEPU-PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the Liquid Vision Plumbing Group Pty 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 Liquid Vision Plumbing Group Pty 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 10 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 an application for the approval of the Liquid Vision Plumbing Group Pty Ltd and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015. The union and employer sought the commission's approval of the proposed agreement, which was intended to govern the employment conditions of the union's members working for the employer. The union argued that the agreement provided fair and reasonable terms for its members, while the employer contended that the agreement was necessary to ensure the business's viability and competitiveness.

The central legal issues before the commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it facilitated a cooperative workplace relationship. Additionally, the commission had to consider if the agreement was genuinely negotiated between the parties and if it adhered to the good faith bargaining principles.

In making its decision, the commission examined the provisions of the proposed agreement and the submissions from both parties. The commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the industry and the parties' bargaining positions. Furthermore, the commission was satisfied that the agreement facilitated a cooperative workplace relationship and that it was genuinely negotiated between the parties. The commission also determined that the agreement complied with the good faith bargaining requirements under the Fair Work Act 2009.

Consequently, the commission approved the Liquid Vision Plumbing Group Pty Ltd and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015, subject to certain minor modifications to ensure compliance with the relevant legislative provisions. The modifications included adjustments to the agreement's language to ensure clarity and consistency with the Fair Work Act 2009 and its regulations. The final approved agreement was registered with the Fair Work Commission, and it will govern the employment conditions of the union's members working for the employer for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established