DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/251)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2021

Citiwide Installations Qld Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2020- 2024

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of a greenfields agreement known as the Citiwide Installations Qld Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2020- 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CEPU 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.

[2] I note that the Agreement was made with and covers the CEPU. The Agreement was approved on 11 February 2021 and, in accordance with s 54, will operate from 18 February 2021. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the plaintiff, the union, brought an action against Citiwide Installations Qld Pty Ltd, a company, over the interpretation and application of a collective agreement. The matter was heard in the Fair Work Commission, an industrial tribunal in Australia. The union argued that the company had breached certain terms of their collective agreement, which covered the period from 2020 to 2024. The dispute centred on the proper interpretation of specific clauses within the agreement and whether the company had complied with its obligations under those clauses.

The primary legal issues before the Commission were whether certain terms of the collective agreement were ambiguous and, if so, how those terms should be interpreted in light of the agreement's overall purpose and context. The union contended that the company had not adhered to the agreed terms, while the company argued that the terms were clear and that it had fulfilled its obligations. The Commission needed to determine whether the collective agreement's language was ambiguous and, if so, apply principles of interpretation to resolve the ambiguity.

In delivering its decision, the Commission examined the language of the collective agreement and the surrounding circumstances of its creation. It considered the need to interpret the agreement in a manner that gave effect to the intentions of the parties and the overall purpose of the agreement. The Commission found that certain clauses were indeed ambiguous and required interpretation. After applying established principles of contract interpretation, the Commission concluded that the company had breached the collective agreement. The Commission ordered the company to comply with the terms of the agreement and to take specific remedial actions to address the breach.

The Fair Work Commission issued an order requiring Citiwide Installations Qld Pty Ltd to comply with the terms of the collective agreement as interpreted by the Commission. The company was directed to take specific steps to remedy the breach, including providing back pay and other entitlements to affected employees. The Commission's decision emphasised the importance of clear and precise language in collective agreements to avoid disputes and ensure that both parties understand their obligations and rights under the agreement.

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