DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3722)

SHORE (QLD) PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 DECEMBER 2020

Application for approval of the Shore (QLD) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022.

[1] The 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 Shore (QLD) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022 (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 17 December 2020 and, in accordance with s 54, will operate from 24 December 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of a collective agreement between Shore (QLD) Pty Ltd and the CEPU Plumbing Division Union for the period 2019 to 2022. The applicant, Shore (QLD) Pty Ltd, sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement contained appropriate safeguards to ensure that its provisions were consistent with the objects of the Act, particularly the protection of employees' rights and interests.

The primary legal issue before the Commission was whether the agreement satisfied the criteria for approval as set out in section 233 of the Fair Work Act. The Commission had to determine if the agreement was in the best interests of the employees it covered and if it contained appropriate safeguards to ensure compliance with the Act’s objectives. This involved examining whether the agreement provided fair and reasonable terms and conditions for the employees, including considerations of minimum wage rates, working hours, leave entitlements, and other employment-related matters.

In making its decision, the Commission considered the provisions of the agreement and the submissions made by both parties. The Commission noted that the agreement provided for terms and conditions that were fair and reasonable for the employees involved, taking into account the specific nature of the plumbing industry. The agreement included provisions for minimum wage rates, overtime, penalty rates, and other employment conditions that were deemed appropriate by the Commission. Additionally, the Commission was satisfied that the agreement contained sufficient safeguards to ensure compliance with the Act, particularly in relation to the protection of employees' rights and interests.

The Commission approved the agreement, finding that it met the necessary criteria under the Fair Work Act. The agreement was registered, and the terms and conditions set out within it would govern the employment relationship between the parties for the specified period.

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