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

[2013] FWCA 3506

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
(AG2013/1219)

BENDIGO REFRIGERATION AND AIR CONDITIONING SERVICES 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 Bendigo Refrigeration and Air Conditioning Services 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 Bendigo Refrigeration and Air Conditioning Services 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

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CaseChat Overview and Summary

The matter involved an application for the approval of a regional enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Bendigo Refrigeration and Air Conditioning Services Pty Ltd. The application was brought before the Fair Work Commission, a federal statutory body with jurisdiction to approve such agreements. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wages, hours, and other employment-related matters.

The primary legal issue the Commission was required to address was whether the agreement met the requirements of the Fair Work Act 2009. This involved examining if the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant minimum standards set out in the Act. The Commission also needed to determine if the agreement had been genuinely negotiated and if the process followed was fair and reasonable.

In reaching its decision, the Commission considered the evidence presented by both parties regarding the negotiation process and the terms of the agreement. It assessed whether the agreement was fair and reasonable on its merits and in the context of the overall bargaining process. The Commission found that the agreement did provide for fair and reasonable terms and conditions, and that the negotiation process had been genuinely undertaken. Consequently, the Commission approved the application for the agreement.

The Fair Work Commission ordered the approval of the Bendigo Refrigeration and Air Conditioning Services Pty Ltd and CEPU - Plumbing Division (Vic) Regional Enterprise Agreement 2013-2016. This decision was made on the basis that the agreement met the statutory requirements for approval under 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