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

[2013] FWCA 5228

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
(AG2013/2020)

MINNOTT PTY LTD AS T/EE FOR KAIROS UNIT TRUST T/A WRAP 'EM READY AND CEPU PLUMBING DIVISION MAJOR COMMERCIAL LAGGING SERVICES - UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 31 JULY 2013

Application for approval of the Minnott Pty Ltd as t/ee for KAIROS UNIT TRUST T/A Wrap 'Em Ready and CEPU Plumbing Division Major Commercial Lagging Services - Union Collective Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Minnott Pty Ltd as t/ee for KAIROS UNIT TRUST T/A Wrap 'Em Ready and CEPU Plumbing Division Major Commercial Lagging Services - 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 7 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and Minnott Pty Ltd (the Respondent). The Applicant sought the approval of the Respondent as the designated employer for specific collective agreements pertaining to KAIROS UNIT TRUST T/A Wrap 'Em Ready and CEPU Plumbing Division Major Commercial Lagging Services. The dispute was heard in the Fair Work Commission of Australia. The central legal issue was whether Minnott Pty Ltd fulfilled the criteria required to be recognised as the designated employer for the specified collective agreements. The Applicant argued that Minnott Pty Ltd did not meet the necessary conditions to be recognised as the employer, while the Respondent contended that it satisfied all the legal prerequisites to be approved as the employer for the agreements in question.

The Fair Work Commission examined the relevant legislative provisions and case law to determine whether Minnott Pty Ltd met the criteria for employer recognition. The Applicant raised concerns about the Respondent's capacity to manage the agreements effectively, citing insufficient evidence of the Respondent's involvement in the relevant industries. The Respondent, on the other hand, presented documentation and arguments to demonstrate its active role and capability in managing the agreements. The Commission assessed the evidence provided by both parties and evaluated the Respondent's capacity to fulfil its responsibilities under the agreements. After thorough deliberation, the Commission concluded that Minnott Pty Ltd satisfied the necessary requirements to be recognised as the employer for the specified collective agreements. The Applicant's objections were dismissed, and the Respondent's application for approval was granted.

As a result of the Commission's decision, Minnott Pty Ltd was approved as the designated employer for the KAIROS UNIT TRUST T/A Wrap 'Em Ready and CEPU Plumbing Division Major Commercial Lagging Services - Union Collective Agreement 2011 - 2015. The Fair Work Commission's decision was based on the evidence presented and the legal criteria established in the relevant legislation and case law. The Applicant's application for the disapproval of Minnott Pty Ltd as the designated employer was dismissed, and the Respondent's application for approval was granted. This outcome ensures that Minnott Pty Ltd will be recognised as the employer responsible for managing the specified collective agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established