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

[2013] FWCA 4248

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
(AG2013/1584)

RAPID INSULATION & CLADDING AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 1 JULY 2013

Application for approval of the Rapid Insulation & Cladding 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 Rapid Insulation & Cladding 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 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 matter before the Fair Work Commission involved an application for the approval of the Rapid Insulation & Cladding and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The respondents included Rapid Insulation & Cladding and CEPU - Plumbing Division (Vic).

The primary legal issue before the commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement had been made in accordance with the processes prescribed by the Act and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The commission had to determine if the agreement was fair and balanced, taking into account the interests of both employers and employees, and if it met the criteria for registration under the Act.

The commission found that the enterprise agreement met the necessary criteria for approval. It was made in good faith and involved appropriate consultation processes. The agreement contained all the minimum terms and conditions as required by the Fair Work Act 2009 and was deemed to be fair and balanced. The commission was satisfied that the agreement would not have an adverse effect on the broader labour market or public interest. Therefore, the commission approved the enterprise agreement as a registered agreement under the Fair Work Act 2009.

The final orders of the commission were that the Rapid Insulation & Cladding and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement would apply to the employees covered by the agreement and would remain in force until the end of the specified term or until terminated in accordance with the provisions of the Act.

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