DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Close Commercial Services Pty Ltd
(AG2021/4058)

CLOSE COMMERCIAL SERVICES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MARCH 2021

Application for approval of the Close Commercial Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023.

[1] Close Commercial Services Pty Ltd has made an application for approval of an enterprise agreement known as the Close Commercial Services 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. The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[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 11 March 2021 and, in accordance with s 54, will operate from 18 March 2021. 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

Close Commercial Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, which was between Close Commercial Services Pty Ltd and the CEPU - Plumbing Division Victorian Branch, was entered into in accordance with section 173 of the Fair Work Act 2009. The application was opposed by the Plumbing Industry Enterprise Agreement 2019 No 2, the Plumbing Industry Enterprise Agreement 2019 No 3, and the Plumbers and Gas Fitters Union. The central issue for the Commission was whether the agreement was in the public interest, as required by section 234(1)(a) of the Fair Work Act. The applicants argued that the agreement was in the public interest as it provided for fair and reasonable terms and conditions of employment. The objectors contended that the agreement did not meet the public interest test, particularly in relation to the provisions governing the use of subcontractors.

The Commission found that the agreement was in the public interest. It noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for the protection of employees, such as provisions for redundancy and termination of employment. The Commission also found that the provisions governing the use of subcontractors were reasonable and did not undermine the rights of employees. The objectors' arguments that the agreement would lead to a reduction in the number of apprenticeships were rejected as there was no evidence to support this claim. The Commission was satisfied that the agreement provided for a fair and reasonable framework for the employment of employees in the plumbing industry.

In light of the above, the Commission approved the agreement. The agreement will now be registered with the Fair Work Commission and will be in effect from the date of registration. The agreement will provide for the terms and conditions of employment for employees of Close Commercial Services Pty Ltd for the period 2019 to 2023. The Commission noted that the agreement provided for a fair and reasonable framework for the employment of employees in the plumbing industry and was in the public interest. The Commission also noted that the agreement provided for the protection of employees and provided for a fair and reasonable framework for the use of subcontractors. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and was in the public interest.

Close Commercial Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established