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

[2013] FWCA 6365

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
(AG2013/2531)

TRADE LABOUR SOLUTIONS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) LABOUR HIRE ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 30 AUGUST 2013

Application for approval of the Trade Labour Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Trade Labour Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Labour Hire 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the CEPU-Plumbing Division, to approve the Trade Labour Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2011-2015. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was contested by Trade Labour Solutions Pty Ltd, which raised concerns about the fairness and appropriateness of the agreement's terms.

The central legal issue before the commission was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act, which mandates that an enterprise agreement be fair and appropriate, taking into account the needs of the employees and the business of the employer. The employer argued that the agreement did not appropriately balance the interests of both parties and was not fair and appropriate. The union, on the other hand, contended that the agreement was fair and met all the statutory criteria for registration.

In determining the fairness and appropriateness of the agreement, the commission considered the terms of the agreement, the bargaining positions of the parties, and the evidence presented by both sides. The commission found that the agreement contained terms that were fair and appropriate, taking into account the needs of the employees and the business of the employer. The commission also noted that the union had acted in good faith during the bargaining process and that the employer had not demonstrated that the agreement was not fair and appropriate. Therefore, the commission approved the agreement and registered it as a registered agreement under the Fair Work Act. The union's application for approval was successful, and the agreement was registered, providing certainty and stability to the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established