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

[2021] FWCA 2165

[2021] FWCA 2165

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
(AG2021/4585)

SEDATECH PTY LTD AND CEPU PLUMBING DIVISION NORTH QUEENSLAND COMMERCIAL PLUMBING AND MECHANICAL UNION COLLECTIVE AGREEMENT 2020- 2024

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 20 APRIL 2021

Application for approval of the Sedatech Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2020- 2024.

[1] An application has been made for approval of a greenfields agreement known as the Sedatech Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2020- 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[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. In particular, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Clause 25.1 of the agreement provides that “Each employee will be given the option of having their superannuation contributions paid into either BUSS(Q) or CBUS.” Clause 25.1 appears inconsistent with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020 (Super Choice Act).  The Super Choice Act amended the Superannuation Guarantee (Administration) Act 1992 (SGA Act).  Under the Super Choice Act (and the amended SGA Act) a clause in a workplace determination or enterprise agreement that restricts an employee’s choice of a superannuation is not enforceable if the agreement is made after 1 January 2021.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 27 April 2021. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

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Annexure A