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

[2013] FWCA 1006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/260)

MICK TIGHE MECHANICAL SERVICES PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011- 2015

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 13 FEBRUARY 2013

Application for approval of the Mick Tighe Mechanical Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011- 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mick Tighe Mechanical Services Pty Ltd and CEPU Plumbing Division Union Collective 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The agreement is a single-enterprise agreement.

[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) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 20 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

The case before the court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the union) to seek approval of a collective agreement made between the union and Mick Tighe Mechanical Services Pty Ltd (the employer). The application was made under the Fair Work Act 2009, specifically section 234, which allows for the approval of a union agreement by the Fair Work Commission (the Commission). The Fair Work Commission is a statutory body established under the Fair Work Act 2009 to provide independent, fair and efficient resolution of workplace disputes and to promote cooperative workplace relations.

The legal issues before the court were whether the agreement met the criteria set out in section 234 of the Fair Work Act 2009, and whether the agreement was in the best interests of the employees covered by the agreement. The court was required to consider whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was made in good faith, and whether it met the requirements for certification as a registered agreement. The court was also required to consider whether the agreement was consistent with the principles of enterprise bargaining set out in the Fair Work Act 2009.

In considering these issues, the court found that the agreement met the criteria set out in section 234 of the Fair Work Act 2009. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was made in good faith. The court also found that the agreement met the requirements for certification as a registered agreement, and that it was consistent with the principles of enterprise bargaining set out in the Fair Work Act 2009. The court found that the agreement was in the best interests of the employees covered by the agreement, as it provided for a fair and reasonable rate of pay and conditions of employment.

The final orders made by the court were that the union agreement be approved and registered as a registered agreement under section 234 of the Fair Work Act 2009. The court also ordered that the agreement be published on the Fair Work Commission's website, and that it be made available to employees covered by the agreement. The court noted that the agreement would remain in force until 30 June 2015, unless it was terminated earlier in accordance with the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established