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

[2013] FWCA 3450

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
(AG2013/6633)

FAIRFIELD SERVICES PTY LTD - NORTH QUEENSLAND - COMMERCIAL PLUMBING AND MECHANICAL SERVICES - UNION COLLECTIVE AGREEMENT 2012-2014

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the Fairfield Services Pty Ltd - North Queensland - Commercial Plumbing and Mechanical Services - Union Collective Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the Fairfield Services Pty Ltd - North Queensland - Commercial Plumbing and Mechanical Services - Union Collective Agreement 2012-2014 (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 August 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, brought an application before the Fair Work Commission for approval of the Fairfield Services Pty Ltd - North Queensland - Commercial Plumbing and Mechanical Services - Union Collective Agreement 2012-2014. The applicant union argued that the agreement met the criteria for approval under the Fair Work Act 2009. The respondents, Fairfield Services Pty Ltd, contested the application, arguing that certain provisions of the agreement did not comply with the Act.

The primary legal issue before the Commission was whether the provisions of the collective agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and efficient workplace, and whether it complied with the good faith bargaining provisions and the minimum entitlements set out in the Act. The Commission also had to determine if the agreement was consistent with the objects of the Act, which include promoting higher wages and better conditions.

In its decision, the Commission examined the various provisions of the agreement, including those relating to wages, hours of work, and other employment conditions. The Commission found that, while most of the provisions were consistent with the Act, certain provisions did not comply with the good faith bargaining requirements. The Commission noted that the agreement contained a provision that allowed for the unilateral termination of employment by the employer, which was not in line with the Act's objectives of promoting fair and equitable workplaces. The Commission also found that some of the provisions relating to overtime and penalty rates did not meet the minimum entitlements set out in the Act. However, the Commission concluded that the overall agreement was in the public interest and met the criteria for approval under the Act.

The Fair Work Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The modifications included removing the unilateral termination clause and adjusting the overtime and penalty rate provisions to meet the minimum entitlements. The Commission also imposed conditions to ensure that the agreement would be monitored to ensure ongoing compliance with the Act. The decision provides guidance for unions and employers on the requirements for an approved collective agreement under the Fair Work Act 2009.

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