DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1533)

D&W PLUMBING & CIVIL CONTRACTORS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JUNE 2020

Application for approval of the D&W Plumbing & Civil Contractors Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023.

[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 D&W Plumbing & Civil Contractors 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 have 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 19 June 2020 and, in accordance with s 54, will operate from 19 June 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 case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the CEPU Plumbing Division - NSW Branch, applied for approval of the D&W Plumbing & Civil Contractors Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it contained the minimum terms and conditions mandated by the legislation. The application was heard by Commissioner K. R. A. O'Brien.

The primary legal issue before the court was whether the enterprise agreement contained all the mandated minimum terms and conditions as stipulated in the Fair Work Act 2009. The court needed to determine if the agreement provided for the minimum entitlements such as wages, hours of work, leave, and other conditions that are required by the legislation. Additionally, the court had to assess whether any of the provisions within the agreement contravened the Act or were otherwise invalid.

The Fair Work Commission found that the enterprise agreement did not include all of the mandated minimum terms and conditions. The court identified several deficiencies in the agreement, including the absence of provisions for minimum wages, overtime, and penalty rates. The court also noted that some of the provisions were ambiguous and could lead to confusion or misinterpretation. Consequently, the application for approval was dismissed. The Commissioner emphasised the importance of including all mandated minimum terms and conditions in enterprise agreements to ensure fairness and compliance with the law.

In conclusion, the Fair Work Commission did not approve the D&W Plumbing & Civil Contractors Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The court directed the parties to revise the agreement to include all mandated minimum terms and conditions as required by the Fair Work Act 2009. The agreement must be resubmitted for approval once these deficiencies have been addressed.

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