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

[2013] FWCA 2237

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
(AG2013/5544)

A MURRAY & SONS (NEWCASTLE) PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BULL	SYDNEY, 12 APRIL 2013

Application for approval of the A Murray & Sons (Newcastle) Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the A Murray & Sons (Newcastle) Pty Ltd & CEPU Plumbing Division - NSW Branch 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 the direct employment of plumbers, drainers and labourers 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 19 April 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 case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU Plumbing Division - NSW Branch, against A Murray & Sons (Newcastle) Pty Ltd. The dispute centres on the approval of the Enterprise Agreement 2011-2015 between the union and the employer. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a "better off overall test" (BOOT) compliant agreement. This test requires that the employees, on balance, are no worse off and at least some employees are better off under the proposed agreement compared to the applicable award or existing enterprise agreement. The Commission also had to consider whether the agreement contained provisions that were contrary to public policy or inconsistent with the objects of the Fair Work Act.

The Fair Work Commission found that the agreement did meet the BOOT requirements, as some employees were indeed better off under the proposed agreement. The Commission concluded that the agreement did not contain any provisions that were contrary to public policy or inconsistent with the objects of the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement 2011-2015 between the union and the employer, effective from the date of the decision.

As a result of the decision, 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 the CEPU Plumbing Division - NSW Branch, and A Murray & Sons (Newcastle) Pty Ltd. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement for the specified period.

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