O.P. Industries Pty Ltd Summary

[2013] FWCA 9579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O.P. Industries Pty Ltd
(AG2013/11669)

O.P. INDUSTRIES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) BORDER ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 5 DECEMBER 2013

Application for approval of the O.P. Industries Pty Ltd and CEPU - Plumbing Division (Vic) Border Enterprise Agreement 2013-2016.

[1] An application has been made for approval of a single-enterprise agreement known as the O.P. Industries Pty Ltd and CEPU - Plumbing Division (Vic) Border Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by O.P. Industries 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 12 December 2013. The nominal expiry date of the Agreement is 30 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were O.P. Industries Pty Ltd and the CEPU - Plumbing Division (Vic). The dispute arose from an application to approve a particular enterprise agreement between the parties. The application was made to the Fair Work Commission under the Fair Work Act 2009. The nature of the dispute was focused on whether the enterprise agreement met the statutory requirements for approval and if it provided fair and reasonable terms for the employees.

The legal issues the court had to decide included whether the agreement complied with the mandatory provisions of the Fair Work Act, whether it was made in good faith, and whether it provided fair and reasonable terms for the employees. The court also had to consider if the agreement was consistent with the national minimum terms and conditions and whether it was fair and reasonable in light of the general principles of equity and good conscience.

The court examined the agreement in detail, considering the specific provisions and the context in which they were made. The court found that the agreement met the statutory requirements for approval. It was determined that the agreement was made in good faith and provided fair and reasonable terms for the employees. The court concluded that the agreement was consistent with the national minimum terms and conditions and adhered to the general principles of equity and good conscience. As a result, the court approved the enterprise agreement.

The final orders of the court were that the Border Enterprise Agreement 2013-2016 between O.P. Industries Pty Ltd and the CEPU - Plumbing Division (Vic) be approved, and that the agreement be registered with the Fair Work Commission.

O.P. Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established