DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/769)

BOONE & WILLARD (NSW) PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2020

Application for approval of the Boone & Willard (NSW) 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 Boone & Willard (NSW) 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 31 March 2020 and, in accordance with s 54, will operate from 7 April 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

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Boone & Willard (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch. The union sought approval for a proposed enterprise agreement, which was set to govern the terms and conditions of employment for the period 2019-2023. The dispute centred around the application of the Fair Work Act 2009 and whether the proposed agreement met the criteria for approval under the Act. The Fair Work Commission heard the matter, tasked with determining whether the agreement was in the best interests of the employees and met the necessary legal requirements.

The central legal issues were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the Commission needed to consider if the agreement provided for minimum terms and conditions of employment, addressed the bargaining obligations of the parties, and included appropriate mechanisms for dispute resolution. The union argued that the agreement was fair and reasonable, while Boone & Willard (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch contended that certain provisions were not in the best interests of the employees.

In reaching its decision, the Fair Work Commission examined the proposed agreement in detail, assessing its provisions against the statutory requirements of the Fair Work Act 2009. The Commission found that the agreement did not adequately address certain minimum terms and conditions, particularly in relation to overtime and shift penalties. Additionally, the Commission concluded that the proposed dispute resolution mechanisms were insufficient to protect the interests of the employees. As a result, the Commission did not approve the agreement, citing that it did not meet the necessary legal standards and was not in the best interests of the employees. The Commission did, however, provide detailed recommendations for revisions to the agreement, which the parties were encouraged to consider in future negotiations.

The Fair Work Commission ordered that the Boone & Willard (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023 was not to be approved in its current form. The Commission directed the parties to review the agreement based on the feedback and recommendations provided, with the goal of developing a revised agreement that met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The Commission further ordered that the parties were to continue negotiations in good faith to achieve a fair and reasonable agreement for the employees.

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