DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3789)

SAAP HEATING, COOLING & ELECTRICAL SERVICES AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2020

Application for approval of the SAAP Heating, Cooling & Electrical Services and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023.

[1] Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of an enterprise agreement known as the SAAP Heating, Cooling & Electrical Services and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 December 2020 and, in accordance with s 54, will operate from 30 December 2020. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

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 proposed enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and SAAP Heating, Cooling & Electrical Services and CEPU - Plumbing Division (Vic). The application was brought by the union, which represented the employees, and the employer, SAAP Heating, Cooling & Electrical Services and CEPU - Plumbing Division (Vic), sought to have the agreement approved under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the provisions of the Act and whether it met the 'better off overall test', ensuring that the employees were not worse off financially than under their previous terms of employment.

The Commission examined the agreement clause by clause to determine its compliance with the statutory requirements and the 'better off overall test'. The union argued that the proposed agreement contained provisions that were not in the best interests of the employees, particularly in relation to the calculation of penalty rates and the imposition of additional work on existing employees. The employer, on the other hand, contended that the agreement represented a fair and reasonable compromise between the parties and provided for improved working conditions and benefits for the employees.

After considering the submissions and evidence from both parties, the Commission found that the proposed agreement met the statutory requirements and passed the 'better off overall test'. The Commission determined that the agreement provided for a reasonable balance of rights and obligations for both the employer and the employees, and that the employees would not be worse off financially under the new terms. The Commission approved the agreement, subject to certain minor modifications to address technical issues identified during the review process.

The Fair Work Commission approved the proposed enterprise agreement, subject to minor modifications, finding that it complied with the statutory requirements and met the 'better off overall test'. The union and the employer were directed to implement the agreement in accordance with the approved terms, with effect from the specified commencement date. The decision provides clarity and certainty for both parties, ensuring that the employees will receive the benefits and protections provided for in the agreement, while also allowing the employer to operate within a fair and reasonable framework.

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