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

[2013] FWCA 2445

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
(AG2013/908)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 22 APRIL 2013

Application for approval of the Australian Roofing Concepts 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 Australian Roofing Concepts Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement), 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 29 April 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Australian Roofing Concepts Pty Ltd (the Employer) sought the approval of the Enterprise Agreement 2011-2015. The Fair Work Commission (the Commission) was required to consider whether the agreement was in compliance with the relevant legislation and whether it met the criteria for approval. The Union and the Employer both submitted that the agreement was fair and reasonable, and that it should be approved by the Commission.

The legal issues before the Commission included whether the agreement provided for the proper negotiation of terms and conditions of employment, and whether it met the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement provided for a fair and efficient workplace, and whether it was consistent with the broader objectives of the Fair Work Act. Additionally, the Commission needed to assess whether the agreement provided for appropriate mechanisms for the resolution of disputes and grievances.

The Commission found that the agreement was properly negotiated and met the criteria for approval. The Commission noted that the agreement provided for appropriate mechanisms for the resolution of disputes and grievances, and that it was consistent with the broader objectives of the Fair Work Act. The Commission also found that the agreement provided for a fair and efficient workplace, and that it was in the best interests of the employees and the employer. Accordingly, the Commission approved the agreement and made an order to that effect.

The Fair Work Commission approved the Enterprise Agreement 2011-2015 between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Australian Roofing Concepts Pty Ltd. The Commission found that the agreement was properly negotiated, met the criteria for approval, and was in the best interests of the employees and the employer. The agreement was approved and an order was made to that effect.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established