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

[2013] FWCA 4942

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
(AG2013/1801)

NAVASKA PTY LTD ATF THE NAVASKA UNIT TRUST AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 23 JULY 2013

Application for approval of the Navaska Pty Ltd atf The Navaska Unit Trust and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known asthe Navaska Pty Ltd atf The Navaska Unit Trust 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). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Navaska Pty Ltd atf The Navaska Unit Trust (the Employer). The Union and the Employer sought approval for their collective agreement covering the period from 2011 to 2015. The Union sought to have the agreement registered under the Fair Work Act 2009, while the Employer opposed the application, raising concerns about specific provisions within the agreement.

The primary legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the provisions of the agreement were consistent with the Act's objectives, including ensuring fair work conditions and promoting higher wages and better conditions. The Employer argued that certain provisions within the agreement did not align with these objectives and, as a result, should not be approved.

In examining the provisions of the collective agreement, the Commission found that the majority of the agreement met the requirements of the Act. However, the Commission identified several provisions that did not align with the objectives of the Act. These provisions included aspects related to the calculation of overtime, shift allowances, and other entitlements. After considering submissions from both parties, the Commission determined that these provisions needed to be modified to ensure compliance with the Act. The Commission subsequently varied the provisions to align with the objectives of the Act and approved the modified agreement.

The Fair Work Commission approved the collective agreement subject to the variations made to certain provisions. The Commission found that, overall, the agreement was consistent with the objectives of the Fair Work Act 2009 and would promote higher wages and better conditions for the employees covered by the agreement. The Commission's decision provides guidance for both employers and unions in relation to the content of future collective agreements and the requirements for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established