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

[2013] FWCA 3449

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
(AG2013/6634)

THERMAL ACTIVITY 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 Thermal Activity 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 Thermal Activity 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

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CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Thermal Activity Pty Ltd and CEPU Plumbing Division Major Commercial Lagging Services - Union Collective Agreement 2011-2015. The employer, Thermal Activity Pty Ltd, did not oppose the application, however, it did submit that the agreement should not be approved until it had been amended to reflect the correct pay rates. The union submitted that the application should be approved in its current form. The central issue before the Commission was whether the agreement should be approved in its current form or whether it should be returned to the parties for amendment. The Commission found that the agreement was not ready for approval because it contained incorrect pay rates and that the employer had not made any submissions to the Commission as to what the correct rates should be. The employer was given an opportunity to provide the correct rates and the union was directed to amend the agreement accordingly. The Commission did not make any orders in relation to the approval of the agreement because it had not been amended to reflect the correct pay rates.

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