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

[2013] FWCA 2102

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
(AG2013/764)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 8 APRIL 2013

Application for approval of the Baytech Plumbing 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 Baytech Plumbing 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 (the 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 15 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 matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with Baytech Plumbing Pty Ltd and the CEPU - Plumbing Division (Vic). The union sought approval for the Enterprise Agreement between the parties for the period 2011 to 2015. The case was heard in the Fair Work Commission of Australia. The union argued that the agreement was fair and reasonable and met the criteria set out in the Fair Work Act 2009. Baytech Plumbing Pty Ltd did not oppose the application, but did submit that certain provisions of the agreement should be removed due to redundancy.

The central legal issue before the court was whether the Enterprise Agreement met the requirements for approval under the Fair Work Act. This included determining whether the agreement was genuinely bargained, free from coercion and was fair and reasonable. The court had to consider the provisions of the agreement, the process by which it was negotiated, and whether it met the standards of procedural fairness. The court also had to consider any submissions made by the employer and the union in relation to the agreement.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and met the requirements of procedural fairness. The court found that the agreement was fair and reasonable and met the criteria set out in the Fair Work Act. The court noted that the agreement included provisions for minimum wages, allowances, leave entitlements, and other terms and conditions of employment. The court also found that the employer had not demonstrated that any provisions of the agreement were redundant or should be removed. The court concluded that the agreement was fair and reasonable and approved it.

The Fair Work Commission approved the Enterprise Agreement between Baytech Plumbing Pty Ltd and the CEPU - Plumbing Division (Vic) for the period 2011 to 2015. The court found that the agreement met the requirements for approval under the Fair Work Act and was fair and reasonable. The court approved the agreement in its entirety, without any modifications. The union and the employer were required to comply with the terms of the agreement, which governed the employment conditions of the employees covered by the agreement.

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