DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5130)

HARCOURT PLUMBING SERVICES AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Harcourt Plumbing Services and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Harcourt Plumbing Services and CEPU - Plumbing Division Victorian Branch Enterprise 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 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.

[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 23 October 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Harcourt Plumbing Services. The Union sought approval of the Harcourt Plumbing Services and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The dispute came before the Fair Work Commission (FWC). The main issue before the FWC was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine whether the agreement provided for the pay and conditions of employees, was certified as a single, indivisible agreement, and did not unfairly discriminate against any employees.

The FWC considered the evidence and submissions from both parties. It noted that the agreement provided for a comprehensive set of pay and conditions for employees. The FWC also found that the agreement was certified as a single, indivisible agreement. However, it identified several issues with unfair discrimination against certain employees. The Union argued that these issues did not render the agreement unfair overall. The FWC ultimately determined that, while some aspects of the agreement did unfairly discriminate against certain employees, the overall agreement did not do so. The FWC found that the agreement met the criteria for approval under the Fair Work Act.

The FWC approved the Harcourt Plumbing Services and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, subject to certain conditions. These conditions included that the agreement be reviewed after two years to address any issues identified by the FWC. The FWC also ordered that the agreement be published on the Fair Work Ombudsman website. This decision provides guidance on the criteria for approving enterprise agreements and the types of issues that may render an agreement unfair.

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