DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/446)

AZURE PLUMBING SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 25 MARCH 2020

Application for approval of the Azure Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Azure Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2020. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU Plumbing Division - NSW Branch. The union sought approval of the Azure Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The agreement in question was a proposed enterprise agreement between the union and the employer for the period from 2019 to 2023. The union sought to have this agreement approved by the Commission.

The legal issues that the Commission was required to address involved whether the agreement met the requirements of the Fair Work Act 2009, including whether it was a “direct substitution” agreement, and whether it contained the minimum terms and conditions that the Act requires. The Commission had to determine whether the agreement was in the best interests of the employees covered by it, and whether it met the “better off overall test”. The Commission also needed to consider whether the agreement was free from any unlawful content.

The Commission found that the agreement was a direct substitution agreement, which meant that it replaced any existing enterprise agreement between the parties. The Commission noted that the agreement contained all the required minimum terms and conditions, and that it was in the best interests of the employees covered by it. The Commission was satisfied that the agreement met the better off overall test, and that it was free from any unlawful content. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both the employees and the employer.

The Fair Work Commission approved the Azure Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023, finding that it met all the legal requirements and was in the best interests of the employees covered by it. The Commission noted that the agreement provided a fair and reasonable outcome for both the employees and the employer. The approval of the agreement ensures that the employees covered by it have a fair and reasonable set of terms and conditions of employment for the period from 2019 to 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