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

[2013] FWCA 4651

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/7116)

FORAN INDSUTRIES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH AGREEMENT 2013-2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 12 JULY 2013

Application for approval of the Foran Industries Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known asthe Foran Industries Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 (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 - Plumbing Division - NSW Branch (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - NSW Branch (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 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 applied for approval of the Foran Industries Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015. The dispute concerned the conditions of employment for plumbers under the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issues revolved around whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly sections relating to the agreement's coverage, procedural fairness, and the inclusion of certain terms. The Commission had to assess whether the agreement was made in good faith, provided for a fair and efficient workplace, and included appropriate mechanisms for dispute resolution. Additionally, the Union had to demonstrate that the agreement had been negotiated genuinely and was not simply a formality.

After careful consideration, the Commission found that the enterprise agreement did not meet the statutory requirements. The primary issue was the lack of procedural fairness in the negotiation process, which failed to meet the standards set by the Fair Work Act. The Union did not provide adequate evidence of genuine negotiations, and some terms in the agreement were found to be unfair. Consequently, the Commission did not approve the enterprise agreement. The decision highlighted the importance of adherence to procedural fairness and genuine negotiation in the formation of enterprise agreements.

The final orders of the Commission included a refusal to approve the Foran Industries Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015, with a direction to the parties to recommence negotiations in line with the requirements of the Fair Work Act. The decision emphasised the necessity for both parties to engage in good faith negotiations and to ensure that any future agreement meets all statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established