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

[2013] FWCA 3516

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
(AG2013/1221)

MCCAIG AIR CONDITIONING AND CEPU - PLUMBING DIVISION (VIC) REGIONAL ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 3 JUNE 2013

Application for approval of the McCaig Air Conditioning 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 McCaig Air Conditioning 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and McCaig Air Conditioning. The dispute was about the application for approval of the McCaig Air Conditioning and CEPU - Plumbing Division (Vic) Regional Enterprise Agreement 2013-2016. The court handling the case was the Fair Work Commission (FWC).

The primary legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. The FWC had to determine if the agreement was in the interests of employees and employers, if it was consistent with the Fair Work Act, and if it was fair and reasonable. The court had to consider the provisions of the agreement, the bargaining process, and any relevant submissions made by the parties.

The FWC found that the agreement was in the interests of both employees and employers, and was consistent with the Fair Work Act. The court noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and leave entitlements. The FWC also found that the bargaining process was fair and reasonable, and that the agreement was not likely to have an adverse effect on the economy or employment. As a result, the FWC approved the agreement.

The FWC made an order approving the McCaig Air Conditioning and CEPU - Plumbing Division (Vic) Regional Enterprise Agreement 2013-2016. The order was made on 10 June 2013, and is binding on all parties to the agreement. The approval of the agreement means that it is now a legally enforceable contract between the parties, and can be used to resolve any disputes that may arise under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established