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

[2013] FWCA 2907

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
(AG2013/1104)

ULTIMATE STEEL ROOFING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 10 MAY 2013

Application for approval of the Ultimate Steel Roofing 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 Ultimate Steel Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement), 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 17 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 case before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between Ultimate Steel Roofing Pty Ltd and the CEPU - Plumbing Division (Vic) for the period 2011 to 2015. The union had applied for the agreement to be approved, arguing it met the requirements of the Fair Work Act 2009. The applicant employer, however, contested the application, raising concerns about several provisions within the agreement.

The central legal issues for the commission to determine were whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of meeting the "better off overall test" and whether the agreement had been made in good faith and covered the appropriate bargaining unit. The commission also had to consider whether the agreement contained appropriate mechanisms for resolving disputes and whether it met the requirements for registration under the Act.

In delivering its decision, the commission examined the provisions of the agreement in detail, assessing whether the terms and conditions provided for by the agreement were fair and reasonable. The commission concluded that the agreement did indeed meet the statutory requirements, including the better off overall test, and was made in good faith. The commission was satisfied that the agreement covered the appropriate bargaining unit and contained suitable mechanisms for the resolution of disputes. Consequently, the commission approved the Enterprise Agreement.

The final order of the commission was that the Enterprise Agreement between Ultimate Steel Roofing Pty Ltd and the CEPU - Plumbing Division (Vic) for the period 2011 to 2015 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the decision, ensuring that the terms and conditions outlined within it applied to the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established