[2013] FWCA 720 |
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
(AG2013/137)
THE TRUSTEE FOR THE MILLER BUSINESS TRUST T/A AFM ROOFING (VIC) PTY LTD AND CEPU-PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015
Plumbing industry | |
COMMISSIONER BLAIR | MELBOURNE, 31 JANUARY 2013 |
Application for approval of The Trustee for the Miller Business Trust T/A AFM Roofing (Vic) 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 Miller Business Trust T/A AFM Roofing (Vic) Pty Ltd and CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement) 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 7 February 2013. The nominal expiry date of the Agreement is 31 October 2015.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2013] FWCA 720
- Case
- [2013] FWCA 720
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included ensuring the agreement was made in good faith, was free from any improper conduct, and did not contravene any minimum entitlements provided by the Act or any award or registered agreement. Additionally, the Commission needed to assess whether the agreement met the procedural requirements, such as the provision of relevant documents to employees and the opportunity for employees to discuss the agreement.
After reviewing the submissions and evidence from both parties, the Commission found that the agreement was made in good faith and adhered to the necessary procedural and substantive requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and it did not contravene any minimum entitlements. The Commission also found that the process followed in reaching the agreement was appropriate and that employees had an adequate opportunity to discuss and understand the terms. As a result, the Commission approved the agreement, confirming that it met the statutory criteria for approval.
The final orders of the Commission included the approval of the CEPU-Plumbing Division (Vic) Enterprise Agreement 2011-2015, effective from the date of the decision. The Commission directed that the agreement be registered with the Fair Work Commission and that it would apply to employees within its scope from the effective date. The decision also included directions for the parties to take necessary steps to inform affected employees of the agreement and its approval.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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