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

[2021] FWCA 2283

[2021] FWCA 2283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4660)

JOHN R KEITH (QLD) PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2021

Application for approval of the John R Keith (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 John R Keith (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; and

•  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

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