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

[2013] FWCA 6353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/8539)

WORMALD NSW FIRE EQUIPMENT AND FIXED SYSTEM TESTING ENTERPRISE AGREEMENT 2013-2017

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 30 AUGUST 2013

s.185 approved with undertakings. Application for approval of the Wormald NSW Fire Equipment and Fixed System Testing Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Wormald NSW Fire Equipment and Fixed System Testing Enterprise Agreement 2013-2017 (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 - Plumbing Division - NSW Branch (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - NSW Branch (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] Fair Work Commission received correspondence dated 28 August 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Manager Wormald, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 August 2017.

COMMISSIONER

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) applied to the Fair Work Commission for approval of the Wormald NSW Fire Equipment and Fixed System Testing Enterprise Agreement 2013-2017 (the Agreement). The Union's application was made under section 185 of the Fair Work Act 2009. The Agreement, if approved, would become a registered agreement for the purposes of the Fair Work Act. The Union argued that the Agreement was appropriate for approval because it provided for the fair and efficient resolution of workplace issues and did not contain terms that were contrary to the public interest.

The legal issues the Court was required to decide were whether the Agreement contained terms that were contrary to the public interest, and if not, whether it was appropriate for approval under section 185 of the Fair Work Act. The Court found that the Agreement did not contain any terms that were contrary to the public interest. The Court also found that the Agreement was appropriate for approval because it provided for the fair and efficient resolution of workplace issues. The Agreement contained provisions that ensured employees were paid the appropriate rates of pay, provided for reasonable working hours, and provided for the fair and efficient resolution of workplace disputes.

The Court approved the Agreement under section 185 of the Fair Work Act, with the condition that the Union provide an undertaking that it would not take any action that would cause the Agreement to become contrary to the public interest. The Court made this decision because the Agreement contained provisions that ensured employees were paid the appropriate rates of pay, provided for reasonable working hours, and provided for the fair and efficient resolution of workplace disputes. The Court also found that the Agreement was appropriate for approval because it provided for the fair and efficient resolution of workplace issues.

The Court's final orders were that the Agreement be approved under section 185 of the Fair Work Act, with the condition that the Union provide an undertaking that it would not take any action that would cause the Agreement to become contrary to the public interest. The Court also ordered that the Agreement be registered as a registered agreement for the purposes of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established