Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2020] FWCA 4575

[2020] FWCA 4575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2341)

COOKE & DOWSETT PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2020

Application for approval of the Cooke & Dowsett Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Cooke & Dowsett Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022 (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 43 – Parental Leave

•  Clause 39 – Public Holidays

•  Clause 48 – Domestic and Family Violence Leave

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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