DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1536)

ALLWAYS AIRCONDITIONING & PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 29 MAY 2018

Application for approval of the Allways Airconditioning & Plumbing Pty Ltd 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 Allways Airconditioning & Plumbing Pty Ltd 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] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 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

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Allways Airconditioning & Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The applicant union, representing employees within the plumbing sector, applied to the Fair Work Commission for the agreement to be approved as a "low paid" agreement. The dispute centred around whether the agreement met the criteria for low paid classification under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement should be classified as a low paid agreement and if it complied with the relevant legislative requirements.

The court had to consider the definition of a "low paid" agreement and whether the average weekly ordinary earnings of employees covered by the agreement were below the prescribed threshold. Additionally, the court assessed whether the agreement met the other criteria for approval, including compliance with minimum entitlements and provisions for dispute resolution. The union argued that the agreement should be classified as low paid because the average weekly earnings of employees were below the threshold and that the agreement provided adequate protections for employees. The employer contested the classification and argued that the agreement did not meet the legislative requirements.

The Fair Work Commission found that the average weekly ordinary earnings of employees were below the prescribed threshold, thus qualifying the agreement as a low paid agreement. The Commission also determined that the agreement met the other criteria for approval, including compliance with minimum entitlements and dispute resolution provisions. The court approved the application, allowing the agreement to be registered as a low paid agreement. The decision confirmed the classification of the agreement and ensured that employees covered by the agreement would receive the protections and benefits outlined in the agreement.

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