DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3375)

RICKY MORRIS PLUMBING & GASFITTING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 DECEMBER 2020

Application for approval of the Ricky Morris Plumbing & Gasfitting Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Ricky Morris Plumbing & Gasfitting Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[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.

[3] The Agreement lodged contained an error at clause 17.5.2. On 23 November 2020, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Ricky Morris Plumbing & Gasfitting Pty Ltd. The Union sought approval of the Enterprise Agreement between itself and the company, which was to be in effect from 2019 to 2023. The dispute was heard by the Fair Work Commission (FWC) in Australia. The Union argued that the agreement provided fair and reasonable terms for its members, while the company contested several provisions, arguing they were not fair and reasonable.

The legal issues before the FWC were whether the proposed agreement contained terms that were fair and reasonable, and if it met the criteria set out in the Fair Work Act 2009. The company raised several objections, including concerns about the hours of work, penalty rates, and the inclusion of specific clauses relating to the operation of the business. The Union, on the other hand, maintained that the agreement provided a fair and reasonable outcome for its members, and that it was necessary for the continued operation of the business.

In its decision, the FWC considered the evidence presented by both parties and assessed whether the agreement met the statutory criteria for approval. The FWC found that, while some of the company's concerns were valid, the overall agreement provided fair and reasonable terms for the Union's members. The FWC approved the agreement, subject to certain modifications, which included changes to the hours of work and penalty rates. The FWC held that the modified agreement met the statutory criteria and was fair and reasonable, taking into account the needs of both the Union and the company.

The FWC approved the Enterprise Agreement between the Union and Ricky Morris Plumbing & Gasfitting Pty Ltd, subject to the modifications made to the agreement. The company was directed to implement the modified agreement, and the Union was authorised to take necessary steps to ensure its implementation. The FWC's decision provided clarity for both parties and ensured that the agreement met the requirements of the Fair Work Act 2009.

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