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

[2013] FWCA 3018

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
(AG2013/6338)

BJSA CONTRACTORS AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 15 MAY 2013

Application for approval of the BJSA Contractors and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the BJSA Contractors and CEPU Plumbing Division 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 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 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

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union brought an application for the approval of the BJSA Contractors and CEPU Plumbing Division Union Collective Agreement 2011-2015. The application was heard in the Fair Work Commission, the relevant tribunal under Australian labour law. The union sought the tribunal's approval of the collective agreement, which would provide the terms and conditions of employment for the employees of the BJSA Contractors covered by the agreement.

The legal issues before the tribunal centred on whether the collective agreement met the statutory requirements under the Fair Work Act 2009, specifically sections 230 and 231. The tribunal had to consider if the agreement was "registered" and "certified", which required it to assess if the agreement had been made in good faith, was free from prohibited content, and met the criteria for "good" agreements. Additionally, the tribunal needed to determine if the agreement was "authorised" by the union and if it had been properly made with the employer.

The tribunal conducted a detailed examination of the collective agreement to ascertain if it complied with the statutory requirements. It found that the agreement was free from prohibited content and had been made in good faith. The tribunal also determined that the agreement met the criteria for "good" agreements, including the provision of fair and reasonable terms and conditions for employees. Moreover, the tribunal was satisfied that the agreement had been properly authorised by the union and made with the employer. Consequently, the tribunal approved the collective agreement and certified it as a "registered" and "certified" agreement under the Fair Work Act 2009.

In conclusion, the tribunal granted the union's application for the approval of the BJSA Contractors and CEPU Plumbing Division Union Collective Agreement 2011-2015. The tribunal certified the agreement as a "registered" and "certified" agreement, thereby providing the terms and conditions of employment for the employees of the BJSA Contractors covered by the agreement. The union could now proceed with implementing the collective agreement in accordance with 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