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

[2013] FWCA 3440

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
(AG2013/6629)

WINFORDS PTY LTD AND CEPU PLUMBING DIVISION MAJOR COMMERCIAL LAGGING SERVICES - UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the Winfords Pty Ltd and CEPU Plumbing Division Major Commercial Lagging Services - Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Winfords Pty Ltd and CEPU Plumbing Division Major Commercial Lagging Services - Union Collective 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 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, 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) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 7 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) sought approval of a collective agreement with Winfords Pty Ltd and CEPU Plumbing Division (the Employers). The Fair Work Commission (the Commission) was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Union argued that the agreement was necessary to ensure fair and reasonable terms for its members, while the Employers contended that certain provisions were overly restrictive and not in line with the principles of the Act.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for approval, specifically under sections 228 and 230 of the Fair Work Act. The Union asserted that the agreement was fair and reasonable, while the Employers challenged certain provisions as being overly restrictive and inconsistent with the principles of the Act. The Commission needed to assess whether the provisions met the criteria for approval, including whether they provided for fair and reasonable terms and conditions of employment, and whether they complied with the overarching principles of the Act.

The Commission found that while the agreement generally met the criteria for approval, certain provisions were overly restrictive and not in line with the principles of the Act. The Commission accepted the Union's argument that the agreement was necessary to ensure fair and reasonable terms for its members, but also recognised the Employers' concerns about certain provisions. After considering the evidence and submissions from both parties, the Commission approved the agreement with modifications to certain provisions to ensure they complied with the statutory requirements. The modified agreement was deemed to be fair and reasonable, and met the necessary criteria for approval under the Fair Work Act.

The Commission's final order was the approval of the agreement with modifications to certain provisions, ensuring compliance with the statutory requirements. The Union was granted the opportunity to make further submissions on the modifications, and the Employers were required to implement the modified agreement. The Commission's decision highlights the importance of ensuring that collective agreements meet the necessary criteria for approval under the Fair Work Act, while also recognising the need for fair and reasonable terms and conditions of employment for union members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established