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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and John R Keith (Qld) Pty Ltd. The union sought to have the agreement, which was intended to cover the period from 2019 to 2022, approved by the Commission. The company, John R Keith (Qld) Pty Ltd, did not oppose the application but did raise concerns about certain provisions in the agreement.

The primary legal issue before the Commission was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. The company raised concerns about several aspects of the agreement, including the classification of certain employees, the rates of pay, and the conditions of employment. The Commission had to determine whether these provisions were consistent with the principles of the Act, which aim to promote a fair and efficient workplace relations system.

In reaching its decision, the Commission considered the principles of good faith bargaining, the need to ensure fairness and balance in the agreement, and the importance of maintaining industrial peace. The Commission noted that the union and the company had engaged in good faith bargaining and had reached an agreement that was fair and reasonable. The Commission was satisfied that the agreement did not contain any provisions that were contrary to the principles of the Act. The Commission approved the collective agreement, subject to certain modifications to address the company's concerns.

The Commission made orders approving the collective agreement, subject to the modifications that were necessary to address the company's concerns. The agreement was approved as a registered agreement, which means that it will have legal effect and be binding on the parties. The Commission also ordered that the union and the company take all necessary steps to give effect to the agreement, including by implementing any necessary changes to their existing arrangements.

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