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

[2013] FWCA 2841

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
(AG2013/1047)

R REYNOLDS PLUMBING & GASFITTING AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 8 MAY 2013

Application for approval of the R Reynolds Plumbing & Gasfitting 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 R Reynolds Plumbing & Gasfitting 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 18 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 involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the R Reynolds Plumbing & Gasfitting and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The decision was rendered by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues at the heart of this case centred on whether the agreement satisfied the procedural and substantive requirements set out in the Act, including whether the agreement was made in good faith, whether it covered the correct bargaining units, and whether it complied with the provisions for minimum terms and conditions of employment.

The Fair Work Commission undertook a thorough examination of the agreement, considering the evidence and submissions presented by the parties. The Commission found that the agreement was made in good faith and that it was applicable to the correct bargaining units. Additionally, the Commission confirmed that the agreement complied with the minimum terms and conditions of employment, and that it did not contravene any provisions of the Fair Work Act. The Commission was satisfied that the agreement was fair and reasonable, and thus approved the enterprise agreement.

As a result of the Commission's decision, the R Reynolds Plumbing & Gasfitting and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 was approved and is now in effect. This decision provides certainty for employers and employees within the relevant bargaining units, ensuring that the agreement will govern their working conditions and entitlements over the specified period. The outcome of this case serves as a reminder of the importance of ensuring that enterprise agreements meet the necessary legal requirements in order to be approved and enforced by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established