DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4654)

PLANET PLUMBING QLD PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2019 ‒ 2022

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2021

Application for approval of the Planet Plumbing QLD Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 ‒ 2022.

[1] An application has been made for approval of an enterprise agreement known as the Planet Plumbing QLD Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 ‒ 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 39.2 - Public Holidays;

• Clause 41.1.2 - Personal Leave/Carer’s Leave;

• Clause 44.2 - Long Service Leave;

• Clause 48.2 - Domestic & Family Violence Leave.

However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2021. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Planet Plumbing Queensland Pty Ltd and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Queensland Division (the Union) Collective Agreement 2019–2022. The application was brought pursuant to section 234 of the Fair Work Act 2009, which requires the Commission to approve an agreement if it satisfies the prescribed criteria. The applicant, the Union, sought the Commission's approval of the agreement, which had been negotiated and agreed upon by the parties.

The legal issues before the Commission included whether the agreement contained provisions that were contrary to public policy, whether the agreement provided for proper workplace arrangements, and whether the agreement was in the public interest. The Commission considered whether the agreement contained provisions that were contrary to public policy, specifically focusing on provisions that related to the classification of workers and the payment of wages. The Commission also considered whether the agreement provided for proper workplace arrangements, including provisions relating to hours of work, leave entitlements, and conditions of employment. Finally, the Commission considered whether the agreement was in the public interest, taking into account factors such as the impact of the agreement on the economy, employment, and industrial relations.

The Commission found that the agreement did not contain provisions that were contrary to public policy and that the agreement provided for proper workplace arrangements. The Commission also found that the agreement was in the public interest, taking into account the need to balance the interests of employers, employees, and the community. The Commission approved the agreement, subject to minor modifications, which were made to ensure that the agreement met the requirements of the Fair Work Act. The modifications included the removal of provisions that were found to be contrary to public policy and the addition of provisions that were necessary to ensure that the agreement provided for proper workplace arrangements.

The final orders of the Commission included the approval of the agreement, subject to the modifications made by the Commission, and the publication of the agreement on the Fair Work Commission's website. The agreement was also to be registered with the Australian Industrial Relations Commission, which would have the effect of giving the agreement legal force and effect. The Commission's decision provides guidance to employers and employees in the plumbing industry on the terms and conditions of employment that are acceptable under the Fair Work Act.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established