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

[2013] FWCA 2631

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
(AG2013/5729)

CELTIC FIRE SERVICES PTY LTD & CEPU - PLUMBING DIVISION NSW ENTERPRISE AGREEEMENT 2011 - 2015

Plumbing industry
COMMISSIONER BULL	SYDNEY, 30 APRIL 2013

Application for approval of the Celtic Fire Services Pty Ltd & CEPU - Plumbing Division NSW Enterprise Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Celtic Fire Services Pty Ltd & CEPU - Plumbing Division NSW Enterprise Agreement 2011 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement covers direct employment of sprinkler fitters, testers and apprentices employed by the employer. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 7 May 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) sought approval of the Celtic Fire Services Pty Ltd & CEPU – Plumbing Division NSW Enterprise Agreement 2011 – 2015. The matter was heard in the Fair Work Commission. The central issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was genuinely negotiated and whether it contained only matters that could be the subject of a bargain. The court also needed to determine if the agreement met the “better off overall test” and whether it contained provisions that were contrary to public policy.

The Fair Work Commission found that the agreement was genuinely negotiated and contained only matters that could be the subject of a bargain. The Commission determined that the agreement met the “better off overall test” and did not contain any provisions that were contrary to public policy. The Commission concluded that the agreement was fair and reasonable and approved the application for the agreement. The court was satisfied that the agreement provided for a fair and efficient workplace and was in the best interests of the employees and the employer.

The Fair Work Commission approved the application for the agreement to be registered. The court’s decision was based on the findings that the agreement was genuinely negotiated, contained only matters that could be the subject of a bargain, met the “better off overall test” and did not contain any provisions that were contrary to public policy. The court was satisfied that the agreement provided for a fair and efficient workplace and was in the best interests of the employees and the employer. The court’s decision was a significant victory for the union and the employer, as it provided certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established