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

[2013] FWCA 5211

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
(AG2013/1963)

COOKE & DOWSETT PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 31 JULY 2013

Application for approval of the Cooke & Dowsett 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 Cooke & Dowsett 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 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 before the Fair Work Commission involved an application for the approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Cooke & Dowsett Pty Ltd. The dispute centred on whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was in the best interests of the employees covered by it.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable process for resolving workplace disputes, and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider if the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees. The Commission also had to consider the implications of the agreement for the employees and the employer, including any potential impact on the workplace relations environment.

In delivering its decision, the Commission found that the proposed agreement met the statutory requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable process for resolving workplace disputes, and that it complied with the provisions of the Act. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions, and it would not have an adverse impact on the workplace relations environment. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission approved the Cooke & Dowsett Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015. The Commission found that the agreement met the statutory requirements for approval, and that it was in the best interests of the employees. The Commission noted that the agreement provided for a fair and reasonable process for resolving workplace disputes, and that it complied with the provisions of the Fair Work Act. The Commission also found that the agreement would not have an adverse impact on the workplace relations environment, and that it provided for fair and reasonable terms and conditions for the employees. The approval of the agreement will provide certainty and stability for the parties, and will facilitate the resolution of any future workplace disputes.

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