DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AE Smith & Son (SEQ) Pty Ltd
(AG2015/2288)

AE SMITH & SON (SEQ) PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 APRIL 2015

Application for approval of the AE Smith & Son (SEQ) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the AE Smith & Son (SEQ) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 April 2015. 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

AE Smith & Son (SEQ) Pty Ltd, a company in the plumbing industry, and the CEPU Plumbing Division Union, representing the workers, jointly applied to the Fair Work Commission for approval of their 2011-2015 Collective Agreement. The primary nature of the dispute was whether the agreement complied with the relevant industrial laws, including provisions regarding minimum wages and conditions. The application was heard by the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues the court had to address included whether the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the statutory minimum wage rates and other employment standards as stipulated by the Fair Work Act 2009. The court also needed to determine if the agreement adequately covered the scope of employment, including classifications, wage rates, and other employment conditions.

Upon reviewing the agreement, the Fair Work Commission found that the proposed terms and conditions were fair and reasonable. The agreement provided for wages and conditions that met or exceeded the statutory minimums, and it was comprehensive in addressing various aspects of employment. The court approved the collective agreement, affirming that it complied with the necessary industrial laws and provided for fair terms for both the employer and the employees. The final orders included the approval of the AE Smith & Son (SEQ) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015, effective from the date of the decision.

AE Smith & Son (SEQ) 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