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

[2013] FWCA 4940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/1802)

ECOLIFE SOLUTIONS PTY LTD AND CEPU PLUMBING DIVISION MAJOR COMMERCIAL LAGGING SERVICES - UNION COLLECTIVE AGREEMENT 2011-2015.

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 23 JULY 2013

Application for approval of the ECOLIFE SOLUTIONS PTY LTD 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 ECOLIFE SOLUTIONS PTY LTD and CEPU Plumbing Division Major Commercial Lagging Services - Union Collective Agreement 2011-2015 (the Agreement). The application was made pursuant to s185 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 multi-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch (the Union), being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for approval of the ECOLIFE SOLUTIONS PTY LTD and CEPU Plumbing Division Major Commercial Lagging Services - Union Collective Agreement 2011-2015. The dispute centred on the validity and enforceability of the collective agreement in question, specifically its compliance with the Fair Work Act 2009 and relevant industrial instruments.

The central legal issues before the Commission were whether the agreement was a genuine and bona fide agreement, whether it was made in accordance with the provisions of the Fair Work Act, and whether it met the criteria for being a registered agreement. The Commission also considered whether the agreement adequately protected the rights of employees and complied with the principles of good faith bargaining and fairness.

In examining the application, the Commission reviewed the process through which the agreement was negotiated, the terms of the agreement, and its compliance with the statutory requirements. The Commission found that the agreement was negotiated in good faith, with both parties participating voluntarily and without coercion. The terms of the agreement were also found to be fair and reasonable, providing appropriate protections for employees. The Commission concluded that the agreement complied with the relevant provisions of the Fair Work Act and was thus eligible for registration.

Consequently, the Fair Work Commission approved the ECOLIFE SOLUTIONS PTY LTD and CEPU Plumbing Division Major Commercial Lagging Services - Union Collective Agreement 2011-2015, registering it as a valid and enforceable industrial instrument. The decision affirmed the legitimacy of the agreement and its capacity to regulate the employment conditions of the relevant workforce.

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