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

[2013] FWCA 5094

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
(AG2013/2031)

KBR COMMERCIAL PTY LTD AND PLUMBERS UNION VIC COMMERCIAL REFRIGERATION AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 26 JULY 2013

Application for approval of the KBR Commercial Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the KBR Commercial Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015 (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 2 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought approval of an enterprise agreement entered into with KBR Commercial Pty Ltd. The respondent, a large engineering and construction company, challenged the application on various grounds, including the absence of a genuine agreement between the parties and procedural irregularities. The dispute was heard in the Fair Work Commission (FWC), an Australian federal statutory tribunal with specific jurisdiction over workplace relations matters. The FWC was required to determine whether the application for approval of the agreement met the statutory criteria and whether the application process adhered to the requisite procedural fairness.

The union argued that the agreement was genuine and that the application process was conducted appropriately. The respondent contended that there was no genuine agreement as the union had not adequately consulted with its members and that the application process was flawed. The FWC examined the evidence presented by both parties, including the terms of the agreement, the union's consultation processes, and the procedural fairness of the application process. The FWC concluded that the agreement was genuine and that the application process was procedurally fair. The union had adequately consulted with its members, and the application was compliant with the relevant statutory provisions.

The FWC approved the KBR Commercial Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015. The union's application met the statutory criteria for approval, and the agreement was deemed to be genuine. The FWC found that the union had fulfilled its obligations under the Fair Work Act 2009 in terms of consultation and that the application process was procedurally fair. As a result, the FWC granted the union's application for approval of the agreement, which will now be binding on the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established