[2013] FWCA 5049 |
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
(AG2013/2024)
KDJ INDUSTRIES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015
Plumbing industry | |
COMMISSIONER BLAIR | MELBOURNE, 25 JULY 2013 |
Application for approval of the KDJ Industries 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 KDJ Industries 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 1 August 2013. The nominal expiry date of the Agreement is 31 October 2015.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2013] FWCA 5049
- Case
- [2013] FWCA 5049
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the provisions of the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the employer challenged the validity of particular clauses regarding pay rates and conditions for employees. The Commission was required to determine if the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and if it complied with the relevant provisions of the Act.
In delivering its decision, the Commission examined the provisions of the agreement in question and considered whether they were fair and reasonable. The Commission noted that the agreement provided for minimum rates of pay and conditions that were not less favourable than those provided by the relevant awards. The Commission also considered the employer's concerns regarding the provisions and found that the agreement was consistent with the objectives of the Act. As a result, the Commission approved the enterprise agreement, finding that it met the necessary requirements for approval under the Act.
The final orders of the Commission were that the KDJ Industries Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered by the Registrar of the Fair Work Commission and would be in effect from the date of registration, with the terms and conditions set out within the agreement applying to the employees covered by the agreement.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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