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

[2013] FWCA 904

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
(AG2013/206)

MAYOR INDUSTRIES PTY LTD T/A HEATHERTON REFRIGERATION AND CEPU-PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 7 FEBRUARY 2013

Application for approval of the Mayor Industries Pty Ltd T/A Heatherton Refrigeration 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 Mayor Industries Pty Ltd T/A Heatherton Refrigeration 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 14 February 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of the Mayor Industries Pty Ltd T/A Heatherton Refrigeration and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015. The application was brought before the Fair Work Commission by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the employer involved, and the CEPU-Plumbing Division (Vic). The primary dispute centres on whether the enterprise agreement should be approved by the Commission.

The Fair Work Commission was required to determine if the enterprise agreement met the necessary criteria under the Fair Work Act 2009, including whether it was made in good faith and if it included minimum terms and conditions of employment. The Commission also needed to consider if the agreement provided for the proper operation of businesses and if it was consistent with the national workplace relations system.

The Fair Work Commission, after thorough consideration, found that the enterprise agreement met the statutory requirements. The Commission noted that the agreement was made in good faith and included all mandated minimum terms and conditions. It was also found to facilitate the proper operation of businesses and aligned with the national workplace relations system. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Mayor Industries Pty Ltd T/A Heatherton Refrigeration and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015. This decision confirmed the agreement's compliance with the Fair Work Act 2009, ensuring its validity and enforceability.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established