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

[2013] FWCA 4664

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
(AG2013/1814)

KPI LABOUR HIRE PTY LTD AND CEPU - PLUMBING DIVISION (VIC) LABOUR HIRE ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 15 JULY 2013

Application for approval of the KPI Labour Hire Pty Ltd and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the KPI Labour Hire Pty Ltd and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2011-2015 (the Agreement) 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 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and KPI Labour Hire Pty Ltd. The union sought approval of the Labour Hire Enterprise Agreement 2011-2015 with the plumbing division of the union, while KPI Labour Hire Pty Ltd opposed the application on the basis that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The legal issues before the court were whether the agreement met the criteria for approval under section 230 of the Fair Work Act 2009 and whether the union had bargaining power in relation to the agreement. The union argued that it had sufficient bargaining power and that the agreement met the criteria for approval, while KPI Labour Hire Pty Ltd contended that the agreement did not meet the criteria and that the union did not have sufficient bargaining power.

In its decision, the Fair Work Commission found that the union did have sufficient bargaining power in relation to the agreement, as it represented a significant number of employees in the industry. The Commission also found that the agreement met the criteria for approval under the Fair Work Act 2009, as it provided for a fair and reasonable level of pay and conditions for employees. The Commission noted that the agreement included provisions for flexible working arrangements and training opportunities, which were beneficial to both employers and employees. The Commission approved the agreement, and it will now be in effect for the period 2011-2015.

The Fair Work Commission approved the Labour Hire Enterprise Agreement 2011-2015 between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and KPI Labour Hire Pty Ltd. The agreement provides for fair and reasonable pay and conditions for employees, including provisions for flexible working arrangements and training opportunities. The union has sufficient bargaining power in relation to the agreement, and it meets the criteria 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