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

[2013] FWCA 3069

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
(AG2013/1139)

SWIMPLEX AQUATIC PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 15 MAY 2013

Application for approval of the Swimplex Aquatic 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 Swimplex Aquatic 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 Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU - Plumbing Division (Vic) for the approval of the Swimplex Aquatic Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The dispute arose from the need to ensure that the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in compliance with the relevant legislative provisions and whether it was in the interests of the employees covered by the agreement.

The legal issues central to the decision involved assessing the fairness and compliance of the proposed enterprise agreement. This included evaluating whether the agreement contained all the mandated terms and conditions as stipulated by the Fair Work Act, and whether the agreement was made in good faith and covered the appropriate bargaining unit. Additionally, the Commission needed to consider whether the agreement was likely to have a beneficial impact on the working conditions of the employees it covered.

In its reasoning, the Commission carefully reviewed the provisions of the proposed agreement against the statutory requirements. The Commission noted that the agreement contained all the mandated terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The Commission also found that the agreement was made in good faith and covered the appropriate bargaining unit. Importantly, the Commission considered the potential impact of the agreement on the working conditions of the employees and concluded that the agreement was likely to have a beneficial impact. Based on these findings, the Commission approved the enterprise agreement, recognising its compliance with the legislative framework and its potential to improve the conditions for the employees involved.

The final orders of the Commission included the approval of the Swimplex Aquatic Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were required to adhere to its terms and conditions. This decision provided clarity and certainty to the employer and employees, ensuring that the enterprise agreement was legally valid and beneficial for those it covered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established