Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - [2014] FWCA 8413

[2014] FWCA 8413

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 - Plumbing Division
(AG2014/9968)

SAGECON SERVICE PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 25 NOVEMBER 2014

Application for approval of the Sagecon Service Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Sagecon Service Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise 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 (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 2 December 2014. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division applied for the approval of the Sagecon Service Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 under section 232 of the Fair Work Act 2009. The Fair Work Commission heard the application. The applicant sought to have the enterprise agreement registered, which would make it legally binding on the employer and employees. The dispute centred around the validity of the enterprise agreement, specifically whether it met the criteria for approval under the Fair Work Act.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it complied with the requirements of the Fair Work Act, and whether it met the Fair Work Ombudsman's certification criteria. Additionally, the Commission needed to consider whether the agreement promoted harmonious, productive, and cooperative workplace relationships. The Commission also examined whether the agreement provided for appropriate mechanisms for dispute resolution and whether it included appropriate provisions for the protection of employees' rights and interests.

The Commission found that the enterprise agreement was a genuine enterprise agreement that complied with the Fair Work Act. The agreement was certified by the Fair Work Ombudsman and included provisions for dispute resolution and employee protection. The Commission was satisfied that the agreement promoted harmonious, productive, and cooperative workplace relationships. The Commission approved the enterprise agreement, which will be legally binding on the employer and employees from the date of registration. The Commission's decision was based on the evidence presented and the legal requirements set out in the Fair Work Act. The approval of the enterprise agreement will provide certainty and stability to the workplace and ensure that employees' rights and interests are protected.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established