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

[2013] FWCA 4665

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
(AG2013/1828)

GEE JAY AIRCONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 15 JULY 2013

Application for approval of the Gee Jay Airconditioning 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 Gee Jay Airconditioning Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement) 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 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Gee Jay Airconditioning Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The dispute arose between the union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the employer, Gee Jay Airconditioning Pty Ltd. The primary focus was on whether the proposed enterprise agreement complied with the necessary legal requirements under the Fair Work Act 2009.

The central legal issues revolved around the provisions of the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. The court needed to determine if the agreement met the criteria for simplification, if it contained permissible matters, and whether it adhered to the good faith bargaining requirements. Additionally, the court had to assess if the agreement included essential safety provisions and if it complied with the low paid workers safety net.

The Fair Work Commission thoroughly examined the agreement, considering the submissions from both parties. The court found that the agreement contained several simplification provisions and that it included permissible matters as outlined in the Fair Work Act 2009. The court was satisfied that the agreement reflected good faith bargaining between the parties, and it contained the necessary safety provisions. Ultimately, the court approved the enterprise agreement, finding it to be compliant with the legislative requirements.

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