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

[2013] FWCA 5232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/1985)

ISLE PLUMBING PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 AUGUST 2013

Application for approval of the Isle Plumbing 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 Isle Plumbing Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011 - 2015 (the Agreement). The application was made 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 ss186, 187 and 188 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 8 August 2013. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Isle Plumbing Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015. The dispute centred on whether the agreement met the necessary legal standards for approval, including compliance with the Fair Work Act 2009. The parties to the agreement were Isle Plumbing Pty Ltd, represented by their employer, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the employees.

The legal issues that the Commission needed to address were whether the collective agreement was made in good faith, whether it provided for the fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to ensure that the agreement did not undermine the safety net of minimum standards and did not discriminate against any particular group of employees.

In its decision, the Fair Work Commission found that the agreement met the necessary requirements for approval. The Commission was satisfied that the agreement was made in good faith, that it provided for fair and reasonable terms and conditions of employment, and that it did not undermine the safety net of minimum standards. The Commission also found that the agreement did not discriminate against any particular group of employees and that it complied with the provisions of the Fair Work Act 2009. As a result, the Commission approved the agreement, and it came into effect on 1 July 2011.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established