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

[2013] FWCA 5474

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
(AG2013/2147)

THE TRUSTEE FOR THE MALO FAMILY TRUST T/A VICPLUMB PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 7 AUGUST 2013

Application for approval of The Trustee for the Malo Family Trust t/a Vicplumb 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 Trustee for the Malo Family Trust t/a Vicplumb 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). 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 13 August 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, to have the 2011-2015 Enterprise Agreement between The Trustee for the Malo Family Trust trading as Vicplumb Pty Ltd and the CEPU - Plumbing Division (Vic) approved by the Fair Work Commission. The application was heard in the Fair Work Commission, a tribunal with specialised jurisdiction in employment and industrial relations matters.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in good faith and if it provided for the terms and conditions of employment of the relevant employees fairly and reasonably. This included scrutinising the agreement's provisions concerning wages, hours of work, and other employment conditions to ensure compliance with the Act. The Commission also considered submissions from both parties regarding the fairness of the agreement and any relevant precedents.

In its decision, the Fair Work Commission held that the agreement was made in good faith and provided for the terms and conditions of employment fairly and reasonably. The Commission noted the detailed negotiations between the parties and the comprehensive nature of the agreement, which covered a wide range of employment issues. The Commission found that the agreement included provisions for minimum wage rates, penalty rates, and conditions related to overtime and leave, all of which aligned with the statutory requirements. Additionally, the Commission observed that the agreement contained mechanisms for resolving disputes and making future amendments, which further supported its approval.

The Commission approved the agreement, and this decision was made binding under the Fair Work Act. The agreement now sets the terms and conditions of employment for the relevant employees for the duration of the agreement. The approval is subject to the agreement being registered with the Fair Work Commission, which must occur within a specified period following the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established