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

[2013] FWCA 5868

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
(AG2013/2351)

THE NUFLOW GEELONG AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 20 AUGUST 2013

Application for approval of The Nuflow Geelong 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 Nuflow Geelong 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 27 August 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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 an enterprise agreement between The Nuflow Geelong and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division (Vic). The dispute centred on the terms and conditions of employment under the proposed enterprise agreement, which was to cover a period from 2011 to 2015. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, if it complied with the procedural requirements for approval, and if it adhered to the statutory minimum entitlements set out in the Fair Work Act. The Commission also had to consider the impact of the proposed agreement on the employees’ rights and protections, and whether the agreement provided for an appropriate process for resolving workplace disputes.

After careful consideration of the arguments presented by both parties, the Fair Work Commission approved the enterprise agreement. The Commission found that the agreement was fair and reasonable, and that it complied with the statutory requirements for approval. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement provided for an appropriate process for resolving workplace disputes, and that it did not undermine the rights and protections of employees. The approval of the enterprise agreement was based on the conclusion that it met the necessary criteria under the Fair Work Act.

The Commission's final orders included the approval of the enterprise agreement, subject to certain conditions and modifications. The orders also included provisions for the agreement to be registered with the Fair Work Commission, and for the agreement to be available for inspection by employees and employers. The orders further provided for the agreement to be in force from the date of the Commission's decision, and for the agreement to be binding on all parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established