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

[2013] FWCA 2236

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
(AG2013/5487)

HOGAN PLUMBING GROUP PTY LTD ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
COMMISSIONER BULL	SYDNEY, 12 APRIL 2013

Application for approval of the Hogan Plumbing Group Pty Ltd Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Hogan Plumbing Group Pty Ltd Enterprise Agreement 2013-2015 (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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and Hogan Plumbing Group Pty Ltd (the Respondent). The Applicant sought approval of the Enterprise Agreement 2013-2015 entered into with the Respondent. The dispute centred around the terms and conditions of the proposed agreement, particularly whether they complied with the necessary legal requirements for approval. The application was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009.

The key legal issues that the FWC had to resolve were whether the agreement contained all the mandatory terms prescribed by the Act, and if it was made in accordance with the Act’s procedural requirements. Additionally, the FWC had to determine whether the agreement was in the best interest of the employees and if it was fair and reasonable. This involved examining the agreement's provisions, the process by which it was made, and its overall impact on the employees.

In reaching its decision, the FWC considered the evidence provided by both parties and the statutory requirements outlined in the Fair Work Act. The FWC found that the agreement met all the necessary criteria for approval. It was made in good faith and the process adhered to the procedural requirements set out in the Act. The FWC also concluded that the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. Based on these findings, the FWC approved the Enterprise Agreement 2013-2015.

The FWC ordered that the Enterprise Agreement 2013-2015 between the Applicant and the Respondent be approved. This approval was contingent upon the agreement being registered with the Fair Work Commission, in accordance with the procedures outlined in the Fair Work Act. The decision confirmed the validity of the agreement and its terms, providing clarity and certainty for both parties moving forward.

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