DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1407)

QUICK PLUMBING GROUP PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 JUNE 2020

Application for approval of the Quick Plumbing Group 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 Quick Plumbing Group 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 1 June 2020 and, in accordance with s 54, will operate from 8 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 Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Quick Plumbing Group Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2019-2023. The application was made under section 234 of the Fair Work Act 2009. The legal issues before the Commission involved determining whether the agreement met the requirements of the Fair Work Act, specifically whether it provided for the safety net of minimum wages and conditions, and whether it was free from prohibited content.

The Commission examined the terms of the agreement, considering factors such as wage rates, penalty rates, leave provisions, and other employment conditions. It assessed whether the agreement provided adequate protections for employees and whether it contained any provisions that would undermine the safety net protections. The Commission also considered whether the agreement was free from any content that was prohibited under the Fair Work Act, such as provisions that sought to undermine the rights of employees or that imposed unreasonable restrictions on their employment.

After conducting its review, the Commission found that the agreement met the requirements of the Fair Work Act. It determined that the agreement provided for the safety net of minimum wages and conditions and was free from any prohibited content. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission made orders approving the Quick Plumbing Group Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2019-2023. The agreement was approved as a registered agreement under the Fair Work Act, and it will apply to the employees covered by the agreement for the period from 1 July 2019 to 30 June 2023.

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