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

[2013] FWCA 3677

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
(AG2013/1320)

BAYSIDE CONSTRUCTION & PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 7 JUNE 2013

Application for approval of the Bayside Construction & Plumbing 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 Bayside Construction & Plumbing 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 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 14 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 before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU Plumbing Division, and Bayside Construction & Plumbing Pty Ltd. The union sought approval for the Bayside Construction & Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, which outlined the terms and conditions of employment for employees within the plumbing division of Bayside Construction. The union argued that the agreement provided for fair and reasonable terms and conditions, while Bayside Construction contested certain provisions, claiming they were overly restrictive and burdensome.

The primary legal issues before the commission were whether the provisions of the agreement met the criteria for approval under the Fair Work Act 2009, specifically sections 233 and 234. The commission had to consider whether the agreement contained the minimum terms and conditions required by the Act, if the agreement was procedurally fair, and if the agreement facilitated a productive workplace relationship. Additionally, the commission had to assess whether any of the agreement's terms were considered harsh, unjust, or unreasonable.

In examining the agreement, the commission determined that the agreement provided for fair and reasonable terms and conditions for employees within the plumbing division of Bayside Construction. The commission found that the agreement contained all the minimum terms and conditions required by the Act, and that the bargaining process was procedurally fair. Furthermore, the commission concluded that the agreement facilitated a productive workplace relationship by allowing for a collaborative and constructive environment for resolving disputes. As a result, the commission approved the agreement, finding that none of its terms were harsh, unjust, or unreasonable.

The Fair Work Commission approved the Bayside Construction & Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The agreement is now legally binding on all employees within the plumbing division of Bayside Construction, and provides for fair and reasonable terms and conditions of employment. This decision ensures that the employees of Bayside Construction's plumbing division have a fair and reasonable agreement that meets the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established