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

[2013] FWCA 2727

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
(AG2013/867)

ALLIED DRAFTING SERVICES AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 3 MAY 2013

Application for approval of the Allied Drafting Services and CEPU Plumbling Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Allied Drafting Services 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 the 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 CEPU, 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 10 May 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Allied Drafting Services, seeking approval of a collective agreement between the union and the company. The Fair Work Commission was the tribunal tasked with evaluating the application. The crux of the dispute lay in the interpretation and application of the Fair Work Act 2009, particularly sections concerning the approval of enterprise agreements and the criteria that must be met for such agreements to be deemed fair and reasonable.

The legal issues at hand primarily revolved around whether the proposed agreement met the statutory requirements for being considered a "better off overall test" (BOOT) agreement. This test required the Commission to determine if the proposed agreement would provide employees with a superior overall package of pay and conditions compared to the existing awards or agreements. Another significant issue was whether the agreement provided for proper protections for employees, including minimum wages, reasonable working hours, and adequate provisions for dispute resolution.

The Commission examined the details of the proposed agreement, including wage rates, working conditions, and the processes for dispute resolution. It was noted that the agreement provided for a comprehensive set of conditions that were more favourable to employees than the existing awards. Furthermore, the agreement included robust mechanisms for resolving disputes, which the Commission found to be in line with the principles of fairness and reasonableness. Consequently, the Commission approved the agreement, finding that it satisfied the BOOT criteria and provided adequate protections for employees.

The Fair Work Commission approved the application for the Allied Drafting Services and CEPU Plumbing Division Union Collective Agreement 2011-2015, deeming it fair and reasonable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established