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

[2013] FWCA 5528

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
(AG2013/7478)

M CORBIN PLUMBING PTYLTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 9 AUGUST 2013

Application for approval of the M Corbin Plumbing 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 M Corbin Plumbing 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 16 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application for the approval of the M Corbin Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a registered enterprise agreement. The agreement was to apply to employees of M Corbin Plumbing Pty Ltd, who are members of the union. The dispute centred on whether the agreement met the legal requirements for registration under the Fair Work Act.

The primary legal issue before the Commission was whether the agreement contained all the necessary elements required for registration as an enterprise agreement. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it contained the appropriate minimum terms and conditions as stipulated by the Fair Work Act. The Commission also needed to consider whether the agreement complied with the procedural requirements, including whether it was negotiated in good faith and whether appropriate steps were taken to notify and consult with employees.

In its decision, the Commission noted that the agreement had been negotiated in good faith and that the parties had followed the appropriate procedures. The Commission found that the agreement contained all the required minimum terms and conditions, including provisions on wages, hours of work, leave, and other employment-related matters. The Commission also confirmed that the agreement complied with the procedural requirements, as the union had taken reasonable steps to ensure that employees were informed of the agreement and had the opportunity to provide input during the negotiation process. Having considered all the evidence and arguments, the Commission approved the agreement as a registered enterprise agreement.

Consequently, the Fair Work Commission granted the application and approved the M Corbin Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 as a registered enterprise agreement. The agreement was to apply to the employees of M Corbin Plumbing Pty Ltd who were members of the union. This decision provided certainty and stability for both the employer and the employees, ensuring that the terms and conditions of their employment were clearly defined and legally enforceable.

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