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

[2013] FWCA 3102

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
(AG2013/1154)

THE NATURAL POOLS AUSTRALIA PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 16 MAY 2013

Application for approval of The Natural Pools Australia Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015

[1] An application has been made for approval of a single-enterprise agreement known as The Natural Pools Australia Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise 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.

[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 23 May 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Enterprise Agreement between The Natural Pools Australia Pty Ltd and the CEPU - Plumbing Division (Vic) for the period 2011 to 2015. The application was heard by the Fair Work Commission. The union argued that the agreement should be approved as it had been negotiated in good faith and contained provisions that were fair and reasonable for both parties. The employer, however, contended that the agreement should not be approved due to certain provisions that it considered to be overly restrictive and potentially detrimental to the business.

The central legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement had been negotiated in good faith, and whether it contained terms that were fair and reasonable, taking into account the needs of the business, the employees, and the wider community. The Commission also had to consider whether the agreement complied with any relevant awards or registered agreements.

After carefully examining the evidence and submissions from both parties, the Fair Work Commission determined that the agreement had indeed been negotiated in good faith. The Commission found that, while some provisions were restrictive, they were necessary to protect the health and safety of employees and the public. The Commission concluded that the agreement contained terms that were fair and reasonable, taking into account the needs of all parties. The Commission approved the Enterprise Agreement, subject to certain modifications to address minor concerns raised during the hearing.

As a result of the Commission's decision, the Enterprise Agreement between The Natural Pools Australia Pty Ltd and the CEPU - Plumbing Division (Vic) for the period 2011 to 2015 was approved, with the modifications noted above. This decision provided certainty and stability for both the employer and the employees, and ensured that the agreement would operate effectively within the framework of 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