DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.E. Smith & Son Pty Ltd
(AG2020/3852)

AE SMITH & SON PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2020

Application for approval of the AE Smith & Son Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] A.E. Smith & Son Pty Ltd has made an application for approval of an enterprise agreement known as the AE Smith & Son Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 December 2020 and, in accordance with s 54, will operate from 30 December 2020. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

A.E. Smith & Son Pty Ltd applied for the approval of the AE Smith & Son Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023, which was made pursuant to section 234 of the Fair Work Act 2009. The respondents were the CEPU – Plumbing Division Victorian Branch and the Plumbing Industry Training Authority. The respondents argued the agreement was not in the best interests of the employees as it did not address the issue of apprentices working beyond their designated hours. The applicants contended that the agreement was fair and reasonable and appropriately dealt with the issue of apprentices working beyond their designated hours.

The court had to determine whether the agreement was fair and reasonable in all its terms and whether it was in the best interests of the employees. The court considered the evidence and submissions from both parties, including the nature of the work, the industry, and the existing agreements. The court also examined whether the agreement provided adequate protections for apprentices, including the issue of working beyond designated hours.

The court found that the agreement was fair and reasonable in all its terms and was in the best interests of the employees. The court held that the agreement appropriately dealt with the issue of apprentices working beyond their designated hours by setting out clear rules and protections for apprentices. The court also found that the agreement provided adequate protections for apprentices, including provisions for rest breaks, meal breaks, and overtime. The court concluded that the agreement was fair and reasonable and should be approved.

The court approved the agreement and directed that it be registered in accordance with section 234(2) of the Fair Work Act 2009. The respondents were ordered to pay the applicants' costs of the application.

A.E. Smith & Son Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established