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

[2013] FWCA 2068

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
(AG2013/739)

M & J GOODCHILD AIR CONDITIONING AND THE CEPU - PLUMBING DIVISION (VIC) COMMERCIAL REFRIGERATION AGREEMENT 2012 - 2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 5 APRIL 2013

Application for approval of the Application for approval of the M & J Goodchild Air Conditioning and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the M & J Goodchild Air Conditioning and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012 - 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 as are relevant to this application for approval have been met.

[3] The CEPU, 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) applied to the Fair Work Commission (the Commission) for approval of the M & J Goodchild Air Conditioning and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012 - 2015 (the Agreement). The Agreement was a greenfields agreement covering employees of M & J Goodchild Air Conditioning who were engaged as plumbers. The application for approval was opposed by the Australian Building and Construction Commission. The issue for determination was whether the Commission should approve the Agreement, having regard to the matters set out in section 233 of the Fair Work Act 2009. In determining the application, the Commission noted that the parties had engaged in genuine bargaining and that the Agreement contained terms and conditions of employment that were fair and reasonable. The Commission accepted that the Agreement was in the public interest and would promote the objects of the Act, including by facilitating the development of a more highly skilled and productive workforce. The Commission approved the Agreement. The Union is authorised to give effect to the Agreement as a registered agreement in accordance with section 178 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established