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

[2013] FWCA 996

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
(AG2013/233)

HEAT RECLAIM SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 13 FEBRUARY 2013

Application for approval of the Heat Reclaim Services 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 Heat Reclaim Services 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 (the 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 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 Fair Work Commission involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, for the approval of the Heat Reclaim Services Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The dispute revolves around whether the agreement meets the criteria set out in the Fair Work Act 2009 for being registered as a certified agreement.

The central legal issues addressed by the Commission were whether the agreement had been made in good faith and without coercion, and whether it contained the mandatory terms prescribed by the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement facilitated the efficient operation of the enterprise and whether it had been made in the absence of industrial action.

The Fair Work Commission examined the submissions and evidence provided by both parties and found that the agreement was made in good faith and without coercion. It was determined that the agreement contained all the mandatory terms required by the Fair Work Act 2009. Furthermore, the Commission was satisfied that the agreement facilitated the efficient operation of the enterprise and had been made in the absence of industrial action. As such, the Commission approved the agreement and registered it as a certified agreement.

In light of the findings, the Fair Work Commission approved the Heat Reclaim Services Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 and registered it as a certified agreement, effective from 1 July 2011 until 30 June 2015.

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