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

[2013] FWCA 5611

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
(AG2013/2286)

THE TRUEFLOW MECHANICAL AND PLUMBING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 13 AUGUST 2013

Application for approval of The Trueflow Mechanical and Plumbing Services 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 Trueflow Mechanical and Plumbing Services 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). by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the 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 20 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Enterprise Agreement between The Trueflow Mechanical and Plumbing Services Pty Ltd and CEPU - Plumbing Division (Vic) for the period 2011 to 2015. The dispute arose as the company sought to implement changes to the agreement which the union opposed on the basis that they were not in line with the principles of industrial fairness and equity.

The primary legal issue before the Commission was whether the proposed amendments to the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved determining whether the changes were fair and reasonable, and whether they provided for proper consultation and negotiation between the parties. Additionally, the Commission had to consider whether the changes complied with the "better off overall test," which requires that employees be no worse off financially as a result of the new agreement.

In delivering its decision, the Commission noted that while the union had raised concerns about certain provisions of the agreement, the overall changes did not result in employees being worse off. The Commission found that the changes were the result of proper negotiation and consultation, and were fair and reasonable. It was also satisfied that the better off overall test had been met. Consequently, the Commission approved the amended enterprise agreement, acknowledging the need for flexibility in the workplace while ensuring that employees' rights and protections were upheld.

The final orders of the Commission included the approval of the amended enterprise agreement, with specific conditions that the parties adhere to in implementing the changes. The union's concerns were addressed through the inclusion of certain provisions aimed at safeguarding employees' rights, and the company was required to provide further information and documentation to the Commission as part of the ongoing monitoring of the agreement's implementation.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established