Creative Plumbing Pty Ltd Summary

[2013] FWCA 9453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Creative Plumbing Pty Ltd
(AG2013/10026)

CREATIVE PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) COMMERCIAL ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 2 DECEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Creative Plumbing Pty Ltd and CEPU- Plumbing Division (Vic) Commercial 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 Creative Plumbing Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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 it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 December 2013 and, in accordance with s.54, will operate from 9 December 2013. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the employer, Creative Plumbing Pty Ltd, seeking approval of a new enterprise agreement with the CEPU-Plumbing Division (Vic). This application was made under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the relevant statutory requirements and whether it was fair and reasonable in all its terms.

The legal issues before the Commission were whether the agreement met the procedural requirements for its approval, and if the terms of the agreement were fair and reasonable. This included assessing whether the agreement provided for proper consultation and negotiation processes, and whether it contained terms that were consistent with the principles of fairness and equity. The Commission also considered whether the agreement adequately protected the rights of employees, particularly in relation to wages, conditions, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was procedurally sound and that the negotiation process had been conducted in good faith. The Commission concluded that the agreement was fair and reasonable, noting that it provided for adequate wage increases, improved working conditions, and a clear dispute resolution process. The Commission was satisfied that the agreement balanced the interests of both the employer and the employees, and that it complied with the requirements of the Fair Work Act. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission ordered that the Creative Plumbing Pty Ltd and CEPU-Plumbing Division (Vic) Commercial Enterprise Agreement 2011-2015 be approved and registered. This decision ensures that the agreement will be legally binding and enforceable, providing a framework for industrial relations between the employer and the employees for the specified period.

Creative Plumbing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established