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

[2013] FWCA 2176

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
(AG2013/827)

J K C AIRCONDITIONING SERVICES (VIC) AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 10 APRIL 2013

Application for approval of the J K C Airconditioning Services (Vic) 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 J K C Airconditioning Services (Vic) 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 17 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

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and J K C Airconditioning Services (Vic) and CEPU - Plumbing Division (Vic) (the Employer). The Applicant applied for approval of the Enterprise Agreement 2011-2015, which outlined the terms and conditions of employment for the employees of the Employer. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue before the court was whether the Enterprise Agreement met the requirements of section 230 of the Fair Work Act 2009. This section stipulates that an enterprise agreement must meet certain criteria, such as providing for the determination of employees' terms and conditions of employment, not providing for terms and conditions that are less favourable than the applicable award or safety net award, and ensuring that the agreement complies with the "better off overall test". The court had to determine if the agreement fulfilled these conditions.

The court examined the provisions of the Enterprise Agreement and considered the evidence presented by both parties. The Applicant argued that the agreement met all the necessary criteria, while the Employer contended that certain provisions did not comply with the Act. After reviewing the evidence, the court found that the Enterprise Agreement satisfied the requirements of section 230 of the Fair Work Act. The court was satisfied that the agreement provided for the determination of employees' terms and conditions of employment, did not provide for terms and conditions that were less favourable than the applicable award or safety net award, and met the "better off overall test".

As a result, the Fair Work Commission approved the Enterprise Agreement 2011-2015, effective from 1 July 2011 to 30 June 2015. The agreement now governs the terms and conditions of employment for the employees of J K C Airconditioning Services (Vic) and CEPU - Plumbing Division (Vic).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established