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

[2013] FWCA 3879

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
(AG2013/1484)

A E (BERT) BROWN PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 18 JUNE 2013

Application for approval of the A E (Bert) Brown Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the A E (Bert) Brown Pty Ltd and CEPU - Plumbing Division (Vic) 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 (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 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEPUSA) and the CEPU - Plumbing Division (Vic), seeking approval of the 2013-2015 Enterprise Agreement with A E (Bert) Brown Pty Ltd. The application was heard by the Fair Work Commission. The central dispute was whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and the protection of employees' rights.

The legal issues before the court were whether the union had followed proper consultation processes with its members, and if the agreement contained provisions that were contrary to public policy or failed to meet the minimum standards prescribed by the Fair Work Act. The court needed to determine if the agreement was made in good faith, if it contained the minimum entitlements as specified by the Act, and whether it adhered to the procedural requirements for its approval.

The Fair Work Commission found that the union had adequately consulted with its members and that the agreement did not contain any provisions contrary to public policy. It was determined that the agreement met the minimum entitlements required by the Fair Work Act and that the procedural requirements for its approval had been met. The commission approved the enterprise agreement, recognising its compliance with the legislative framework and the fair representation of the employees' interests.

As a result, the Fair Work Commission approved the 2013-2015 Enterprise Agreement between A E (Bert) Brown Pty Ltd and CEPU - Plumbing Division (Vic). The decision affirmed the agreement's validity and its compliance with the Fair Work Act, ensuring that the rights and entitlements of the employees were adequately protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established