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

[2013] FWCA 914

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
(AG2012/14319)

GERRARD MURPHY (DRAINAGE) PTY LTD ENTERPRISE AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BULL	SYDNEY, 8 FEBRUARY 2013

Application for approval of the Gerrard Murphy (Drainage) Pty Ltd Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Gerrard Murphy (Drainage) Pty Ltd Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement at clause 23 - Ordinary hours of work, provides for an ordinary span of hours between 6:00am and 6:00pm. The Plumbing and Fire Sprinklers Award 2010 (the Award) provides for an ordinary span of hours from 7:00am to 6:00pm. The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has advised that the rates of pay in the Agreement are higher than the Award, and compensate for the additional increase in the span of ordinary working hours.

[3] The Agreement covers the direct employment of plumbers, drainers, labourers, and apprentices employed by the employer. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 15 February 2013. The nominal expiry date of the Agreement is 30 September 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 lodged an application seeking approval of the Gerrard Murphy (Drainage) Pty Ltd Enterprise Agreement 2012-2015. The applicant union argued that the agreement met the requirements for an enterprise agreement under the Fair Work Act 2009. The application was opposed by the Australian Building and Construction Commission, which contended that the agreement did not meet the necessary standards for approval.

The primary legal issue before the Commission was whether the enterprise agreement satisfied the statutory requirements for approval, including whether it contained all the terms mandated by the Fair Work Act 2009 and whether it was free from any prohibited content. Additionally, the Commission needed to determine if the agreement was made in good faith and whether the bargaining process was fair.

The Commission assessed the agreement against the statutory criteria and found that it complied with the mandatory terms required by the Fair Work Act 2009. The Commission concluded that the agreement did not contain any prohibited content and was made in good faith. Furthermore, the Commission determined that the bargaining process was fair, as there was evidence of genuine negotiations between the parties. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Gerrard Murphy (Drainage) Pty Ltd Enterprise Agreement 2012-2015. The Commission found that the agreement met the statutory requirements and was made in good faith. The Commission also determined that the bargaining process was fair, with evidence of genuine negotiations between the parties. Consequently, the enterprise agreement was approved, and the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established