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

[2013] FWCA 4249

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
(AG2013/1585)

INVISIBLE STRUCTURES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 1 JULY 2013

Application for approval of the Invisible Structures 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 Invisible Structures Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (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 8 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 applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Enterprise Agreement between Invisible Structures Pty Ltd and the CEPU - Plumbing Division (Vic) for the period 2011-2015. The primary issue was whether the agreement met the legal requirements for approval under the relevant industrial legislation. The court was tasked with determining whether the agreement was fairly negotiated, contained necessary provisions, and was in the best interests of the employees.

The court considered various aspects of the agreement, including whether it provided for fair terms and conditions of employment, whether the bargaining process was genuine, and whether the agreement included all mandated provisions. It examined the negotiation process, the content of the agreement, and the implications for the employees. The court also assessed whether the agreement would have a detrimental effect on the employees or the industry.

After careful consideration of the evidence and arguments presented, the court concluded that the agreement was fairly negotiated and contained all necessary provisions. The court found that the agreement was in the best interests of the employees and did not have any detrimental effects. Therefore, the court approved the Enterprise Agreement between Invisible Structures Pty Ltd and the CEPU - Plumbing Division (Vic) for the period 2011-2015. The final orders of the court mandated that the agreement be registered and enforceable as per the industrial legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established