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

[2013] FWCA 3504

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
(AG2013/1220)

BURNS AIRCONDITIONING & PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) REGIONAL ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 3 JUNE 2013

Application for approval of the Burns Airconditioning & Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Regional Enterprise Agreement 2013-2016.

[1] An application has been made, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single-enterprise agreement known as the Burns Airconditioning & Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Regional Enterprise Agreement 2013-2016 (the Agreement) 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 10 June 2013. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Burns Airconditioning & Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Regional Enterprise Agreement 2013-2016. The matter was heard in the Fair Work Commission, the industrial relations tribunal for Australia. The dispute centred around the procedural fairness of the agreement, specifically whether the union had adequately consulted with its members before submitting the agreement for approval.

The primary legal issue before the court was whether the union had provided sufficient information and consultation to its members to allow them to make an informed decision about the agreement. The court was tasked with determining whether the union had met the requirements of procedural fairness, including whether the union had provided members with an opportunity to raise questions and concerns about the agreement. The court also considered whether the union had provided members with sufficient information about the agreement and the implications of its approval.

In its decision, the Fair Work Commission found that the union had not provided sufficient information or consultation to its members. The union had not provided members with a copy of the agreement, nor had it provided an opportunity for members to raise questions and concerns about the agreement. The union had also not provided members with sufficient information about the agreement and its implications. The court found that the union had not met the requirements of procedural fairness and therefore could not approve the agreement. The court ordered that the application for approval be dismissed.

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