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

[2013] FWCA 901

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
(AG2013/151)

THE TRUSTEE FOR THE THAKER FAMILY T/A SITC PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 7 FEBRUARY 2013

Application for approval of the The Trustee for the Thaker Family T/A SITC 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 Trustee for the Thaker Family T/A SITC 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.

[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 from14 February 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Circuit Court, the applicant union sought approval of an enterprise agreement between the respondent employer and its employees. The dispute centred around the terms of the proposed agreement, which was to cover the period from 2011 to 2015. The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith.

The court examined the provisions of the agreement and the process through which it was negotiated. It considered whether the agreement provided for terms and conditions that were fair and reasonable, and whether the process of negotiation had been conducted in good faith. The court also looked at whether the agreement included all the mandatory terms required by the Fair Work Act, and whether it complied with the provisions of the Act relating to the protection of employees' rights.

The court found that the agreement met the criteria for approval, as it provided for fair and reasonable terms and conditions, and had been negotiated in good faith. The court also found that the agreement included all the mandatory terms required by the Fair Work Act, and complied with the provisions of the Act relating to the protection of employees' rights. The court approved the agreement, and it came into effect on the date of the court's decision.

The court made an order approving the enterprise agreement between the respondent employer and its employees, as set out in the application. The agreement was to apply to the employees covered by the agreement from the date of the court's decision, and was to remain in force until the end of the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established