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

[2013] FWCA 4523

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
(AG2013/7375)

COOKE AND DOWSETT ENTERPRISE AGREEMENT 2012 - 2016

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 11 JULY 2013

Application for approval of the Cooke and Dowsett Enterprise Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Cooke and Dowsett Enterprise Agreement 2012-2016 (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) and Cooke and Dowsett Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The CEPU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. 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 19 July 2013. The nominal expiry date of the Agreement is 31 October 2016.

SENIOR DEPUTY PRESIDENT

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 the employer, seeking approval of an enterprise agreement. The matter was heard in the Fair Work Commission. The central issue before the court was whether the enterprise agreement, which had been made by the union and the employer, complied with the relevant legislative requirements and could be approved by the Commission.

The court considered whether the agreement contained all the necessary terms and conditions, and whether it was made in good faith and without coercion. The court also examined whether the agreement was fair and reasonable, and whether it complied with any relevant industry codes or standards. After carefully reviewing the evidence and arguments presented by both parties, the court determined that the enterprise agreement was compliant with the necessary legal requirements.

The court found that the agreement contained all the necessary terms and conditions, was made in good faith, and was fair and reasonable. The court also found that the agreement complied with any relevant industry codes and standards. As a result, the court approved the enterprise agreement and made the necessary orders to give effect to the approval. The union and employer were directed to take all necessary steps to implement the agreement, and the agreement was registered with the Fair Work Commission.

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