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

[2013] FWCA 5518

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
(AG2013/7502)

RABS PLUMBING SERVICES (NSW) PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013 - 2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 12 AUGUST 2013

Application for approval of the Rabs Plumbing Services (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Rabs Plumbing Services (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 (the Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - NSW 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 - NSW 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 19 August 2013. The nominal expiry date of the Agreement is 30 September 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 approval of the Rabs Plumbing Services (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015. The dispute arose from the negotiation process and the terms of the proposed agreement, which was being challenged on several grounds. The applicants, Rabs Plumbing Services and the CEPU Plumbing Division, sought the approval of the agreement under the Fair Work Act 2009. The respondents, represented by the Australian Building and Construction Commission, contested the application, arguing that the agreement did not meet the requirements of the Act and was not fairly negotiated.

The primary legal issues before the court involved whether the agreement was negotiated in good faith and if it contained the minimum terms and conditions as required by the Fair Work Act. The court had to examine the negotiation process to determine if it complied with procedural fairness and whether the agreement provided for the minimum entitlements mandated by the Act. Additionally, the court assessed whether the agreement contained any terms that were outside the scope of permissible matters under the Act.

The Fair Work Commission found that the negotiation process had been conducted in good faith, and the agreement was fairly negotiated. The court determined that the terms of the agreement complied with the minimum requirements of the Fair Work Act, and the provisions were within the permissible scope. The Commission considered the evidence presented by both parties and concluded that the agreement was appropriately drafted and met all necessary legal standards. Consequently, the application for approval was successful, and the agreement was registered under the Act.

The final orders of the Fair Work Commission were that the Rabs Plumbing Services (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 be approved and registered. The agreement was deemed to be valid and enforceable, with the effective date as per the terms specified in the agreement. The Commission's decision brought closure to the dispute, allowing the agreement to be implemented in accordance with the terms and conditions negotiated between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established