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

[2013] FWCA 4667

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
(AG2013/1871)

FULLER REFRIGERATION AND PLUMBERS UNION VIC COMMERCIAL REFRIGERATION AGREEMENT 2012 - 2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 15 JULY 2013

Application for approval of the Fuller Refrigeration 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 Fuller Refrigeration 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 22 July 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Fuller Refrigeration and Plumbers Union Vic Commercial Refrigeration Agreement 2012 - 2015. The application was made under section 236 of the Fair Work Act 2009, as the agreement was registered but not yet approved. The Commission needed to determine whether the agreement met the criteria for approval, including whether it provided for a fair and efficient workplace, and if it adhered to the principles of the Fair Work Act.

The primary legal issue before the Commission was whether the agreement satisfied the requirements for approval as set out in the Fair Work Act. This included examining if the agreement contained the necessary provisions to ensure a fair and efficient workplace and if it complied with the legislative principles of the Act. The Commission also considered if the agreement was free from any unfair content and whether it was made in good faith.

The Commission found that the agreement met the criteria for approval. It was noted that the agreement contained provisions that ensured fair and efficient workplaces, and it adhered to the principles of the Fair Work Act. The Commission concluded that the agreement was fair and did not contain any unfair content. Furthermore, the agreement was made in good faith and was therefore eligible for approval. Consequently, the application for approval was granted.

The Fair Work Commission approved the Fuller Refrigeration and Plumbers Union Vic Commercial Refrigeration Agreement 2012 - 2015, as it met the criteria for approval under the Fair Work Act. The agreement was found to provide for a fair and efficient workplace and adhered to the principles of the Act. Additionally, it was determined to be free from unfair content and was made in good faith.

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