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

[2013] FWCA 6364

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
(AG2013/2547)

THE PULIS PROFESSIONAL PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 30 AUGUST 2013

Application for approval of The Pulis Professional Plumbing 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 Pulis Professional Plumbing 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 6 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and The Pulis Professional Plumbing Pty Ltd (the Employer) applied to the Fair Work Commission (the Commission) for approval of an enterprise agreement. The Commission was required to decide whether the agreement met the requirements of the Fair Work Act 2009 (the Act) for approval. The Union submitted that the agreement was in the best interests of the employees and complied with the provisions of the Act. The Employer submitted that the agreement was in the best interests of the employees and was fairly negotiated.

The Commission found that the agreement met the requirements for approval under the Act. The Commission considered the provisions of the agreement and found that it was in the best interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and leave entitlements. The Commission also found that the agreement was fairly negotiated between the parties and that the Union had provided a genuine and meaningful opportunity for employees to be consulted and to express their views on the agreement.

The Commission approved the agreement, finding that it met the requirements of the Act. The Commission noted that the agreement provided for a fair and reasonable outcome for both the employees and the Employer, and that the agreement was in the best interests of the employees. The Commission considered that the agreement provided for a fair and reasonable balance of rights and obligations between the parties, and that it would promote harmonious, productive and cooperative workplace relations.

The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The Commission ordered that the agreement be registered with the Commission and that it would come into effect on the date of the Commission's decision. The Commission also ordered that the agreement be published on the Commission's website and that a copy be provided to the parties and to the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established