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

[2013] FWCA 1657

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
(AG2013/536)

A & D FILTRATION AND PLUMBING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 18 MARCH 2013

Application for approval of the A & D Filtration and Plumbing Services 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 A & D Filtration and Plumbing Services 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) 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 25 March 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 before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and A & D Filtration and Plumbing Services Pty Ltd. The union sought to have the agreement, which was entered into in 2011, approved and registered as a lawful enterprise agreement under the Fair Work Act 2009. The application was brought before the Commission to ensure that the agreement met all the statutory requirements and did not contravene any provisions of the Act or the Fair Work Regulations 2009.

The primary legal issues that the Commission had to address were whether the agreement was genuinely a product of bargaining between the parties, whether it was in writing, whether it contained all the mandatory terms prescribed by the Act, and whether it complied with any other relevant statutory provisions. The Commission also needed to ensure that the agreement did not have an adverse effect on the operation of the national workplace relations system. The union argued that the agreement was a genuine product of negotiations between the parties and contained all the necessary provisions. Conversely, there were no objections raised by the employer.

The Commission considered the evidence presented by the union, which included a statement from the union representative confirming the genuineness of the bargaining process. The Commission also reviewed the content of the agreement to ensure it met the legislative requirements. The agreement was found to be in writing and contained all the mandatory terms as prescribed by the Act. Furthermore, the Commission was satisfied that the agreement did not have any adverse effects on the operation of the national workplace relations system. The Commission concluded that the agreement was a lawful enterprise agreement and approved it, ordering its registration with the Fair Work Commission.

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