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

[2013] FWCA 3878

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
(AG2013/1477)

START 2 FINISH PTY LTD AND PLUMBING UNION VIC COMMERCIAL REFRIGERATION AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 18 JUNE 2013

Application for approval of the Start 2 Finish Pty Ltd and Plumbing Union Vic Commercial Refrigeration Agreement 2012-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Start 2 Finish Pty Ltd and Plumbing Union Vic Commercial Refrigeration Agreement 2012-2015 (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 25 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Start 2 Finish Pty Ltd and Plumbing Union Vic Commercial Refrigeration Agreement 2012-2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act. This involved assessing the agreement's conformity with the procedural requirements for making an agreement and its substantive fairness. The Commission examined whether the agreement had been made in good faith, and whether it provided for terms and conditions that were no less favourable than the relevant award or safety net award. Additionally, the Commission considered whether the agreement provided for appropriate mechanisms for the resolution of disputes.

The Commission found that the agreement was made in good faith and was procedurally valid. It was determined that the agreement met the substantive fairness test as it provided for terms and conditions that were no less favourable than the relevant award or safety net award. The agreement also included appropriate mechanisms for the resolution of disputes. Consequently, the Commission approved the agreement and registered it with the Fair Work Commission.

The final orders of the Commission were that the Start 2 Finish Pty Ltd and Plumbing Union Vic Commercial Refrigeration Agreement 2012-2015 be approved and registered under the Fair Work Act. This decision ensures that the terms and conditions of employment for the relevant employees are governed by the agreed-upon terms, while also providing for an appropriate framework for the resolution of any future disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established