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

[2013] FWCA 2140

[2013] FWCA 2140

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
(AG2013/604)

FDS PLUMBING (AUSTRALIA) PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 3 MAY 2013

Application for approval of the FDS Plumbing (Australia) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the FDS Plumbing (Australia) Pty Ltd 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). The application has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The agreement is a single enterprise agreement.

[2] On 3 April 2013 I conducted a hearing to address concerns I held with regard to the terms of Clause 1.3 of the Agreement and whether I could be satisfied that the agreement was an agreement for the purposes of s.172 of the Fair Work Act 2009. Subsequent to the hearing I have been provided with an affidavit of Terri Megan Butler, a solicitor and principal of the firm Maurice Blackburn Lawyers acting on behalf of the Applicant.

[3] Attached to that affidavit is a company search for Isothermal FDS Plumbing (Australia) Pty Ltd establishing that it had no related bodies corporate at the time that the agreement was made. Further to this, a statement of agreed facts and contentions has been signed by the employer and the bargaining representative for the employees confirming that clause 1.3 was not intended to capture future related and associated entities.

[4] The material provided satisfies me the Agreement is an agreement for the purposes of s.172. 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.

[5] 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.

[6] 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

Printed by authority of the Commonwealth Government Printer

<Price code J, AE400681  PR535505>