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

[2013] FWCA 2586

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
(AG2013/968)

EXPERT ROOFING PTY LTD AND CEPU-PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 29 APRIL 2013

Application for approval of the Expert Roofing 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 Expert Roofing 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 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 6 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and the Employer, Expert Roofing Pty Ltd, regarding the approval of the Enterprise Agreement 2011-2015 between the Union and the CEPU-Plumbing Division (Vic). The Union sought approval for the agreement, while the employer did not oppose the application. The matter was heard and determined by the Fair Work Commission.

The primary legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for a fair and efficient workplace, was free from coercion and undue influence, and complied with relevant provisions of the Act. Additionally, the Commission needed to determine if the agreement adequately covered the relevant employees and the bargaining process was conducted fairly.

The Commission examined the terms and conditions of the Enterprise Agreement and found that it provided for fair and efficient workplace arrangements. It was determined that the agreement was free from coercion and undue influence, as the bargaining process was conducted in good faith and with proper representation. The Commission also confirmed that the agreement was compliant with the relevant provisions of the Fair Work Act and covered all relevant employees. The evidence presented demonstrated that the agreement was the result of a fair and transparent negotiation process, and therefore, the application for approval was successful.

Consequently, the Fair Work Commission approved the Enterprise Agreement 2011-2015 between the Union and the CEPU-Plumbing Division (Vic) for the period of 2011 to 2015. The agreement is now legally binding on the parties involved and will govern the employment conditions of the relevant employees for the duration of the agreement. The Commission's decision provided certainty and stability for the parties, ensuring that the terms of the agreement are fair and meet the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established