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

[2013] FWCA 3823

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
(AG2013/1424)

FDS PLUMBING AUSTRALIA PTY LTD AND CEPU NORTH QUEENSLAND PLUMBING AND MECHANICAL SERVICES - UNION COLLECTIVE AGREEMENT 2012 - 2014

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 17 JUNE 2013

Application for approval of the FDS Plumbing Australia Pty Ltd and CEPU North Queensland Plumbing and Mechanical Services - Union Collective Agreement 2012 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the FDS Plumbing Australia Pty Ltd and CEPU North Queensland Plumbing and Mechanical Services - Union Collective Agreement 2012 - 2014 (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-Plumbing Division Queensland Divisional Branch. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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) I note that the Agreement covers the CEPU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2013. The nominal expiry date of the Agreement is 31 August 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission concerned an application for approval of a collective agreement between FDS Plumbing Australia Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute involved the terms of the proposed collective agreement for the period 2012-2014, specifically regarding the classification and pay rates for employees within the plumbing and mechanical services sector in North Queensland. The applicants sought to have the agreement approved under the Fair Work Act 2009, which requires certain conditions to be met for such agreements to be valid.

The primary legal issues before the Commission were whether the proposed collective agreement met the statutory requirements under the Fair Work Act, including the need for the agreement to be in writing, cover employees within the relevant classification, and not contravene any minimum standards set by the Fair Work Act or relevant awards. Additionally, the Commission needed to assess whether the agreement had been fairly negotiated and whether it provided for the resolution of any future disputes in a manner consistent with the Act. The Commission also had to consider whether the agreement met the public interest test, ensuring it did not adversely affect the broader economic or social interests of Australia.

The Commission found that the proposed collective agreement complied with the statutory requirements. It was in writing, covered employees within the relevant classification, and did not contravene any minimum standards. The Commission was satisfied that the agreement had been fairly negotiated and provided for the resolution of future disputes. The public interest test was also met, as the agreement did not adversely affect the broader economic or social interests of Australia. Consequently, the Commission approved the collective agreement, finding it to be in the best interests of the employees and the employer.

The final orders of the Commission were that the FDS Plumbing Australia Pty Ltd and CEPU North Queensland Plumbing and Mechanical Services - Union Collective Agreement 2012-2014 be approved as a registered agreement under section 173 of the Fair Work Act. The agreement was to be registered and binding on the parties from the date of the Commission's decision. The Commission also directed that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties and any relevant regulatory bodies.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established