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

[2013] FWCA 778

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
(AG2013/130)

EKV PLUMBING PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 5 FEBRUARY 2013

Application for approval of the EKV Plumbing 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 EKV Plumbing 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. ( CEPU) The agreement is a single-enterprise agreement.

[2] The CEPU being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers them.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and EKV Plumbing Pty Ltd. The union sought approval for a collective agreement with the company, covering the period 2011 to 2015. The Commission was tasked with determining whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. The central legal issues were whether the agreement contained provisions that were contrary to public policy, failed to provide for genuine enterprise bargaining, or did not provide for the determination of employees’ terms and conditions of employment.

The Commission first considered whether the agreement adhered to public policy. It found that the proposed provisions did not contravene any legislative requirements and were consistent with the broader industrial relations framework. Next, the Commission assessed whether the agreement facilitated genuine enterprise bargaining, taking into account the size and nature of the enterprise, the bargaining environment, and the process undertaken. The Commission concluded that the agreement reflected a genuine attempt at enterprise bargaining, as evidenced by the negotiations and discussions between the parties. Finally, the Commission examined whether the agreement provided for the determination of employees' terms and conditions of employment. It found that the agreement adequately addressed key employment terms, including wages, hours of work, and other conditions of employment.

Based on the analysis, the Commission determined that the agreement met the statutory criteria for approval. The agreement was not contrary to public policy, facilitated genuine enterprise bargaining, and provided for the determination of employees' terms and conditions of employment. Therefore, the Commission approved the EKV Plumbing Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015. The decision was made in accordance with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

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