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

[2013] FWCA 2720

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
(AG2013/1025)

VECTOR FOILTEC (AUSTRALIA) PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 3 MAY 2013

Application for approval of the Vector Foiltec (Australia) 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 Vector Foiltec (Australia) 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division (Vic), 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 10 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 union and the employer brought an application before the Fair Work Commission for the approval of an enterprise agreement. The union was a registered organisation representing the employees, and the employer was a company engaged in the construction of telecommunications infrastructure. The dispute centred around the terms of the proposed enterprise agreement for the period 2011 to 2015. The union and the employer sought the Commission's approval of the agreement under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees. Specifically, the Commission needed to determine if the agreement was a "better off overall test" (BOOT) agreement, meaning it provided employees with a better overall package of pay and conditions than the applicable award or safety net. Additionally, the Commission had to consider whether the agreement included appropriate mechanisms for resolving disputes and if it complied with the good faith bargaining provisions of the Act.

The Fair Work Commission found that the proposed agreement was a BOOT agreement. The Commission noted that the agreement provided employees with improved wages, conditions, and benefits compared to the relevant award. The Commission also found that the agreement contained appropriate dispute resolution mechanisms and that the bargaining process had been conducted in good faith. Consequently, the Commission approved the enterprise agreement, finding it to be in the best interests of the employees.

The Fair Work Commission approved the Vector Foiltec (Australia) Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, determining that it met the statutory requirements and was in the best interests of the employees. The agreement was effective from the date of the Commission's decision and remained in force until the end of the specified period or until replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established