DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2736)

JONES & JONES MASTER PLUMBERS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 SEPTEMBER 2020

Application for approval of the Jones & Jones Master Plumbers Pty Ltd & CEPU Plumbing Division - NSW Branch 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 Jones & Jones Master Plumbers Pty Ltd & CEPU Plumbing Division - NSW Branch 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 statutory 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was asked to approve the Jones & Jones Master Plumbers Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The union had applied for the approval of the enterprise agreement, which was intended to govern the employment conditions of plumbers employed by Jones & Jones Master Plumbers Pty Ltd. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the requirements for fair and lawful agreements.

The primary legal issues before the Commission were whether the enterprise agreement met the criteria for approval under the Fair Work Act and whether it provided for minimum terms and conditions of employment that were fair and lawful. The union argued that the agreement was a bona fide attempt to regulate the employment relationship, while the employer contended that the agreement was necessary to maintain the competitiveness of their business in a challenging market. The Commission needed to consider the balance between the interests of employees and employers, ensuring that the agreement did not undermine the fundamental principles of fair work.

After thorough consideration, the Commission determined that the enterprise agreement met the requirements for approval. The agreement provided for minimum terms and conditions that were fair and lawful, taking into account the economic and operational context in which Jones & Jones Master Plumbers Pty Ltd operated. The Commission found that the agreement did not contain any provisions that would be detrimental to the employees and was in the best interests of both parties. The union’s application for approval was therefore granted.

The Commission's decision was based on its comprehensive assessment of the agreement and the evidence presented by both parties. The final orders included the approval of the Jones & Jones Master Plumbers Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023, effective from the date of the decision. This ruling ensures that the agreed terms and conditions will govern the employment relationship between the union, the employer, and the employees, providing a framework for fair and lawful employment practices.

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