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

[2013] FWCA 548

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
(AG2013/94)

A1 FIRE SERVICES AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 25 JANUARY 2013

Application for approval of the A1 Fire Services and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the A1 Fire Services 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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 they want the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 1 February 2013. The nominal expiry date of the agreement is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the A1 Fire Services and CEPU Plumbing Division Union Collective Agreement 2011-2015. The application was heard in the Fair Work Commission, the relevant court in employment disputes. The agreement was between the union and the employers of the A1 Fire Services and CEPU Plumbing Division, and the union sought the court's approval of the agreement, which had been negotiated in good faith.

The legal issues the court was required to decide included whether the agreement was negotiated in good faith, whether it complied with the Fair Work Act, and whether it was in the best interests of the employees. The court considered the arguments of both parties and the provisions of the Fair Work Act, as well as relevant precedents. The union argued that the agreement was negotiated in good faith and that it was in the best interests of the employees. The employers, on the other hand, argued that the agreement was not in the best interests of the employees and that it did not comply with the Fair Work Act.

The court found that the agreement was negotiated in good faith and that it complied with the Fair Work Act. The court also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The court took into account the provisions of the Fair Work Act and the relevant precedents in reaching its decision. The court also considered the arguments of both parties and the evidence presented.

The final orders of the court were that the A1 Fire Services and CEPU Plumbing Division Union Collective Agreement 2011-2015 be approved. The court found that the agreement was fair and reasonable and that it was in the best interests of the employees. The court also found that the agreement complied with the Fair Work Act and that it was negotiated in good faith. The union's application for approval of the agreement was therefore successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established