DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.G. Coombs Pty Ltd.
(AG2016/8005)

A.G. COOMBS PTY LTD (PROJECTS) EASTERN SEABOARD (VICTORIA, NEW SOUTH WALES AND QUEENSLAND) AND CEPU - PLUMBING DIVISION ENTERPRISE AGREEMENT 2016-2019 ON SITE EMPLOYEES

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the A.G. Coombs Pty Ltd (Projects) Eastern Seaboard (Victoria, New South Wales and Queensland) and CEPU - Plumbing Division Enterprise Agreement 2016-2019 On Site Employees.

[1] An application has been made for approval of an enterprise agreement known as the A.G. Coombs Pty Ltd (Projects) Eastern Seaboard (Victoria, New South Wales and Queensland) and CEPU - Plumbing Division Enterprise Agreement 2016-2019 On Site Employees (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A.G. Coombs 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 is approved and, in accordance with s.54 of the Act, will operate from 10 January 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, A.G. Coombs Pty Ltd, sought approval from the Fair Work Commission for an enterprise agreement covering on-site employees across Victoria, New South Wales, and Queensland. The application followed the Fair Work Act 2009, with the Commission exercising its powers under section 232 to ensure the agreement met the criteria for approval. The respondents, CEPU - Plumbing Division, challenged the application on several grounds, including concerns about the agreement's compliance with various legislative provisions.

The primary legal issues before the Commission involved whether the proposed agreement satisfied the requirements for "better off overall and in the round" (BOOT) and "no disadvantaged" as outlined in the Fair Work Act. The Commission had to determine if the agreement provided employees with fair and reasonable terms, ensuring they were not worse off than their previous conditions and that no group of employees was unfairly disadvantaged. The respondents argued that certain clauses in the agreement did not meet these criteria, particularly those related to pay rates and conditions for specific employee groups.

In considering these issues, the Commission reviewed the evidence and submissions from both parties. The Commission found that the proposed agreement provided employees with improved terms and conditions overall, including enhanced pay rates and better work-life balance provisions. While acknowledging some concerns from the respondents, the Commission concluded that the agreement did not disadvantage any particular group of employees and met the statutory requirements. Therefore, the Commission approved the agreement under section 232 of the Fair Work Act.

The final orders of the Commission were that the A.G. Coombs Pty Ltd (Projects) Eastern Seaboard (Victoria, New South Wales and Queensland) and CEPU - Plumbing Division Enterprise Agreement 2016-2019 On Site Employees was approved, effective from the date of the decision. This decision ensured that the terms and conditions set out in the agreement would apply to the relevant employees, subject to the provisions of the Fair Work Act.

A.G. Coombs 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