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

[2013] FWCA 1369

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
(AG2013/419)

TRUSTEE FOR THE GREEN ENERGY ELECTRICAL AND AIR CONDITIONING TRUST AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011 - 2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 5 MARCH 2013

Application for approval of the Trustee for the Green Energy Electrical and Air Conditioning Trust and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single - agreement known as the Trustee for the Green Energy Electrical and Air Conditioning Trust 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

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Trustee for the Green Energy Electrical and Air Conditioning Trust. The dispute centred on the application for approval of the CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The Fair Work Commission heard the matter, which was concerned with whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the statutory provisions under the Fair Work Act, including whether it met the minimum entitlements and the good faith bargaining requirements. The court needed to determine if the agreement was fair and reasonable, and if it appropriately reflected the needs of both employees and employers within the plumbing division. Additionally, the court had to assess whether the agreement adhered to the provisions regarding minimum wages and other employment conditions as stipulated by the Act.

The Fair Work Commission evaluated the agreement against the criteria set out in the Fair Work Act. The Commission considered the evidence presented by both parties, including submissions on the fairness and reasonableness of the agreement. The Commission determined that the agreement did indeed comply with the statutory requirements, including the provisions for minimum entitlements and good faith bargaining. It was concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the plumbing division. The Commission approved the agreement, finding it met the necessary legal standards under the Act.

The Fair Work Commission issued an order approving the CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. This decision affirmed that the agreement was compliant with the requirements of the Fair Work Act and was therefore valid and enforceable. The approval signified the agreement's acceptance as a legally binding document governing the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established