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

[2013] FWCA 3068

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
(AG2013/1138)

PRO TEC PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 15 MAY 2013

Application for approval of the Pro Tec Plumbing 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 Pro Tec Plumbing 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 (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 22 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

The matter before the court was an application for approval of an enterprise agreement between Pro Tec Plumbing Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division (Vic). The applicant, the union, sought to have the enterprise agreement approved under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which is the relevant authority for such matters.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, and whether it contained the required provisions for employee protection and workplace relations. Specifically, the Commission needed to determine whether the agreement provided for a fair and reasonable method of determining the rates of pay, allowances, and conditions of employment; whether it contained the necessary provisions for dispute resolution and termination of employment; and whether it complied with the requirements for fair and reasonable terms and conditions of employment.

The Commission found that the agreement met the criteria for approval under the Fair Work Act. It contained provisions for a fair and reasonable method of determining the rates of pay, allowances, and conditions of employment, as well as provisions for dispute resolution and termination of employment. The Commission also found that the agreement complied with the requirements for fair and reasonable terms and conditions of employment, and did not contain any provisions that were contrary to the public interest. The application was therefore approved.

The Fair Work Commission approved the Pro Tec Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 under the Fair Work Act 2009. The agreement was found to meet the criteria for approval, including providing for a fair and reasonable method of determining the rates of pay, allowances, and conditions of employment, and contained the necessary provisions for dispute resolution and termination of employment. The agreement was also found to comply with the requirements for fair and reasonable terms and conditions of employment, and did not contain any provisions that were contrary to the public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established