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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Sedatech Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union for the period 2020-2024. The application was brought by the union, seeking to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on the terms and conditions outlined in the proposed agreement, which both parties had negotiated in good faith.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for registration under the Fair Work Act. This involved assessing whether the agreement complied with the procedural requirements, including whether it had been negotiated in good faith, and whether it contained the necessary terms and conditions, including minimum entitlements such as wages, hours of work, and other employment conditions. The Commission also needed to determine whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and did not contravene any other relevant provisions of the Act.

In examining the application, the Commission considered the evidence presented by both parties and the compliance of the agreement with the relevant legislative framework. The Commission found that the agreement had been negotiated in good faith and met the statutory requirements for registration. The terms of the agreement provided for fair and reasonable employment conditions, including minimum wage rates, leave entitlements, and other benefits. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act and did not contravene any other relevant provisions of the Act. Accordingly, the Commission approved the collective agreement.

The Fair Work Commission approved the Sedatech Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2020-2024, determining that it complied with the requirements of the Fair Work Act 2009. The agreement was registered, and the terms and conditions outlined in the agreement became legally binding on the parties involved.

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