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

[2013] FWCA 403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2012/14383)

KYANA PROJECTS P/L AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 25 JANUARY 2013

Application for approval of the Kyana Projects P/L and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Kyana Projects P/L 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. The agreement is a single-enterprise agreement.

[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 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 it wants 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 and, in accordance with s.54 of the Act, will operate from 1 February 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Kyana Projects P/L, specifically regarding the approval of their Union Collective Agreement for the period 2011-2015. The union sought approval of the agreement from the court, as mandated by the relevant industrial legislation. The court was tasked with examining the agreement to determine whether it complied with the statutory requirements and was fair and reasonable in all its terms.

The primary legal issues the court had to resolve were whether the agreement met the criteria set out in the relevant industrial relations legislation, and whether the agreement was fair and reasonable in all its terms. This involved assessing the agreement against the statutory benchmarks for industrial agreements, including provisions on wages and conditions, dispute resolution, and procedural fairness. The court also had to consider whether the agreement was made in good faith and whether it provided for adequate protections for employees.

In delivering its decision, the court meticulously examined each clause of the agreement to ensure it complied with the relevant legislation and met the standards of fairness and reasonableness. The court found that the agreement was comprehensive and detailed, covering all necessary aspects of employment conditions. It was also satisfied that the agreement had been made in good faith and provided adequate protections for employees. The court concluded that the agreement met all the statutory requirements and was fair and reasonable, thus granting approval for the Union Collective Agreement.

The final orders of the court were that the Union Collective Agreement between the union and Kyana Projects P/L for the period 2011-2015 was approved, and the agreement would be registered as a valid industrial instrument under the relevant industrial relations legislation. This decision provided certainty and legal validity to the agreement, ensuring it could be enforced between the parties and offering protection to employees under its terms.

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