DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1558)

VALUE ADDED LABOUR SERVICES PTY LTD AND CEPU PLUMBING DIVISION NORTH QUEENSLAND COMMERCIAL PLUMBING AND MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 30 JUNE 2020

Application for approval of the Value Added Labour Services Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Value Added Labour Services Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2015 - 2019 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The Agreement is a single enterprise agreement.

[3] Value Added Labour Services Pty Ltd (the Employer) has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the CEPU wants the Agreement to cover it.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for approval of the Value Added Labour Services Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2015 - 2019. The application was made under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the agreement, including wage rates, hours of work, and other workplace entitlements.

The central legal issues before the Commission were whether the terms of the collective agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009. Specifically, the Commission had to determine if the agreement met the requirements for modern awards and if it contained any terms that were contrary to the Act or Regulations. The Union argued that the agreement was consistent with the legislative framework, while Value Added Labour Services Pty Ltd raised concerns about certain provisions.

The Fair Work Commission found that the collective agreement largely complied with the Fair Work Act and the Fair Work Regulations. The Commission noted that while some terms were below the relevant modern award rates, they were not contrary to the Act as they were negotiated in good faith and did not undermine the safety net provided by modern awards. The Commission approved the agreement, subject to certain conditions to ensure compliance with minimum wage standards and other legislative requirements.

The final orders included the approval of the collective agreement, with conditions to ensure that employees receive the minimum wages and conditions set out in the relevant modern awards, and that any variations from these awards are in writing and agreed upon by the parties. The Commission also required ongoing monitoring to ensure compliance with the approved agreement.

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