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

[2013] FWCA 5667

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
(AG2013/7978)

SIGANTO & STACEY PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 16 AUGUST 2013

Application for approval of the Siganto & Stacey Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Siganto & Stacey Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015 (the Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch, pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are 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 - Queensland Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 23 August 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) lodged an application for the approval of the Siganto & Stacey Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015 (the Agreement). The dispute arose from disagreements over the terms and conditions of employment within the Agreement, specifically focusing on the wage rates, hours of work, and other employment conditions for employees covered by the Agreement. The Fair Work Commission was tasked with determining whether the Agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Agreement provided for minimum rates of pay and conditions of employment that were no less favourable than the relevant national employment standards and the applicable award. The Commission needed to assess if the Agreement adhered to the provisions of the Fair Work Act, ensuring that it did not undermine the safety net of minimum wages and conditions provided by the law. Additionally, the Commission examined if the Agreement appropriately balanced the interests of both the employer and the employees, including provisions for dispute resolution and flexibility clauses.

The Fair Work Commission determined that the Agreement met the necessary criteria for approval. The Commission found that the Agreement provided for minimum rates of pay and conditions of employment that were at least as favourable as the relevant national employment standards and the applicable award. The Agreement was deemed to appropriately balance the interests of both parties, including the provision of fair dispute resolution mechanisms. The Commission concluded that the Agreement was not likely to have a detrimental effect on the national system of industrial relations and approved the Agreement.

The Fair Work Commission approved the Siganto & Stacey Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015, effective from 1 July 2011 for a period of four years. The approval was contingent upon the continued compliance with the Fair Work Act and the relevant national employment standards. The Agreement was recognised as a valid and enforceable instrument for the duration of its term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established