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

[2013] FWCA 6366

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
(AG2013/2532)

LEACH CONTRACTORS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 30 AUGUST 2013

Application for approval of the Leach Contractors 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 Leach Contractors 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). It has been made 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 brought an application in the Fair Work Commission, seeking approval of the Leach Contractors Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The respondent, Leach Contractors, opposed the application on the basis that certain provisions of the agreement were not sufficiently fair and reasonable to warrant approval.

The primary legal issue before the Commission was whether the enterprise agreement, as a whole, was fair and reasonable and complied with the relevant provisions of the Fair Work Act 2009. In particular, Leach Contractors argued that certain provisions concerning wage rates and conditions were not fair and reasonable. The Commission had to consider the overall fairness and reasonableness of the agreement, taking into account the balance of rights and obligations, and the interests of employees and employers.

The Fair Work Commission determined that, despite the arguments raised by Leach Contractors, the enterprise agreement was fair and reasonable. The Commission found that the agreement provided for appropriate wage rates and conditions, and took into account the needs and interests of both employees and employers. The Commission was satisfied that the agreement was not detrimental to the efficient operation of the workplace and that it did not undermine the integrity of the national workplace relations system. The application for approval was subsequently granted, and the enterprise agreement was approved as meeting the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Leach Contractors Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, finding it to be fair and reasonable, and in compliance with the relevant provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established