Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2018] FWCA 4604

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2018/2472)

Professional Plumbing Contractors Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019

Plumbing industry
Commissioner Lee	MELBOURNE, 6 AUGUST 2018

Application for approval of the Professional Plumbing Contractors Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

An application has been made for approval of an enterprise agreement known as the Professional Plumbing Contractors Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and the Professional Plumbing Contractors Pty Ltd (the Employer). The dispute was about the approval of the Enterprise Agreement between the Union and the Employer for the period 2016 to 2019. The case was heard in the Fair Work Commission (FWC).

The legal issues that the FWC had to decide were whether the Enterprise Agreement was in the public interest and whether it complied with the relevant provisions of the Fair Work Act 2009. The Union argued that the agreement was in the public interest because it provided for fair and reasonable terms and conditions of employment, while the Employer argued that the agreement was not in the public interest because it imposed excessive costs on small businesses.

The FWC found that the Enterprise Agreement was in the public interest and complied with the relevant provisions of the Fair Work Act. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, penalty rates, and leave entitlements. The FWC also found that the agreement did not impose excessive costs on small businesses and that the benefits of the agreement outweighed any potential costs.

As a result of the FWC's decision, the Enterprise Agreement between the Union and the Employer for the period 2016 to 2019 was approved. The agreement provides for fair and reasonable terms and conditions of employment for employees in the plumbing industry and is in the public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established