Contract Air Pty Ltd

[2013] FWCA 9441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Air Pty Ltd
(AG2013/11624)

CONTRACT AIR PTY LTD AND CEPU- PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 2 DECEMBER 2013

Application for approval of the Contract Air 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 Contract Air 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 Contract Air Pty Ltd.

[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 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 9 December 2013. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Contract Air Pty Ltd and the CEPU- Plumbing Division (Vic) are parties to an enterprise agreement that is now due for renewal. The enterprise agreement is the subject of an application for approval, which was heard in the Fair Work Commission (FWC). The dispute centres on the terms and conditions of the proposed agreement and whether they comply with the requirements of the Fair Work Act 2009 (Cth). The FWC was required to consider if the agreement meets the statutory criteria for approval, including if it provides for the rights and obligations of the parties and promotes simplification and deregulation in the workplace.

The legal issues that the FWC had to decide involved the interpretation and application of the statutory criteria for the approval of an enterprise agreement under the Fair Work Act. The FWC had to determine if the agreement contained the necessary provisions for pay and conditions, and if it met the other legal requirements such as not discriminating against employees and not undermining the operation of any industrial law. The FWC also had to consider submissions from both parties and any relevant stakeholders, and ensure that the agreement did not have any adverse effects on the broader industrial relations system.

In its decision, the FWC found that the proposed enterprise agreement complied with the statutory criteria and was in the best interests of the employees and the employer. The FWC considered that the agreement provided for appropriate pay and conditions, and did not contain any provisions that would have an adverse effect on the broader industrial relations system. The FWC also found that the agreement did not discriminate against any employees and met the other legal requirements for approval. The FWC approved the proposed enterprise agreement, subject to certain minor amendments to ensure compliance with the Fair Work Act.

The final orders of the FWC were that the proposed enterprise agreement be approved, subject to the minor amendments that were specified in the decision. The FWC also ordered that the agreement be registered with the Fair Work Ombudsman, and that it would come into effect on the date specified in the agreement. The FWC's decision provides guidance for future enterprise agreements and ensures that the terms and conditions of employment are fair and reasonable for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established