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

[2013] FWCA 1066

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
(AG2013/264)

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

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 14 FEBRUARY 2013

Application for approval of the Lamson Concepts Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Lamson Concepts Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement). It has been made 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 21 February 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 matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Lamson Concepts Pty Ltd, the Fair Work Commission was tasked with reviewing and approving the proposed Enterprise Agreement between the union and the company for the period 2011 to 2015. The union sought approval of the agreement, which outlined the terms and conditions of employment for its members working under the agreement.

The central legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, and whether it provided for the fair and equitable treatment of employees. The Commission considered whether the agreement contained the necessary minimum terms and conditions, and whether any provisions that departed from the safety net of minimum standards were justified. Furthermore, the Commission assessed whether the agreement allowed for the genuine and meaningful participation of employees in the decision-making process.

The Fair Work Commission found that the agreement met the requirements for approval under the Fair Work Act 2009. The Commission determined that the agreement provided for the fair and equitable treatment of employees, and that it contained the necessary minimum terms and conditions. The Commission was satisfied that any provisions that departed from the safety net of minimum standards were justified and in the best interests of the employees. Additionally, the Commission found that the agreement allowed for the genuine and meaningful participation of employees in the decision-making process. Consequently, the Commission approved the Enterprise Agreement between the union and the company.

The Fair Work Commission approved the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Lamson Concepts Pty Ltd for the period 2011 to 2015, subject to the terms and conditions outlined in the agreement. The decision was made in accordance with the Fair Work Act 2009, and the Commission determined that the agreement met the criteria for approval, provided for the fair and equitable treatment of employees, and allowed for genuine and meaningful employee participation in decision-making.

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