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

[2013] FWCA 4885

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
(AG2013/1962)

AUS STRUCT SERVICES PTY LTD AND CEPU- PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 22 JULY 2013

Application for approval of the Aus Struct Services 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 Aus Struct Services 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.

[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 29 July 2013. 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Aus Struct Services Pty Ltd. The dispute centred around the approval of the Enterprise Agreement between the parties for the period 2011-2015. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The union sought approval for the agreement, while Aus Struct Services contested certain provisions.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in the "best interests" of the employees, if it had been made "in good faith" and if it contained "genuine" terms. The company argued that certain provisions did not meet these criteria and thus should not be approved.

In considering the application, the Commission noted that the agreement had been negotiated in good faith and contained genuine terms. The company's objections were primarily focused on the provisions concerning penalty rates and shift loadings. However, the Commission found that these provisions were reasonable and in the best interests of the employees, given the nature of the work involved. Consequently, the Commission approved the Enterprise Agreement, finding that it met the statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established