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

[2013] FWCA 1374

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
(AG2013/353)

COMMTECH COMMISSIONING TECHNOLOGIES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011 - 2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 5 MARCH 2013

Commtech Commissioning Technologies Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single - agreement known as the Commtech Commissioning Technologies 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic), 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 12 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) brought a claim against Commtech Commissioning Technologies Pty Ltd, objecting to the terms of the CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The Union's primary contention was that the enterprise agreement unfairly disadvantaged employees by, among other things, not adequately addressing the issue of overtime pay and the classification of work performed by the employees. The Union argued that the agreement's terms contravened the provisions of the Fair Work Act 2009, particularly in relation to the unfair dismissal provisions and the requirement for the agreement to be free from coercion and undue influence.

The legal issues before the Commission included whether the enterprise agreement was made in accordance with the requirements of the Fair Work Act, specifically whether it was made in good faith and without coercion, and whether it complied with the provisions relating to minimum entitlements. The Commission needed to determine whether the Union's objections had merit and whether the agreement should be certified as a lawful and binding enterprise agreement. Furthermore, the Commission had to assess the fairness of the agreement's terms, particularly regarding overtime pay and the classification of work, to ensure that they were not detrimental to the employees.

The Fair Work Commission found that the enterprise agreement was made in good faith and without coercion. It considered the negotiation process and the parties' conduct, concluding that the agreement was not procedurally unfair. The Commission also examined the substantive fairness of the agreement's terms and found that they did not contravene the minimum entitlements set out in the Fair Work Act. Regarding the Union's objections, the Commission held that the overtime pay provisions and the classification of work were reasonable and did not unfairly disadvantage the employees. Consequently, the Commission certified the enterprise agreement as a lawful and binding agreement, dismissing the Union's objections.

The Fair Work Commission certified the CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 as a lawful and binding enterprise agreement. The Commission dismissed the Union's objections, finding that the agreement was made in good faith, without coercion, and complied with the requirements of the Fair Work Act. The Commission further determined that the agreement's terms, including those relating to overtime pay and the classification of work, were fair and did not contravene the minimum entitlements set out in the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established