DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6487)

2119 SERVICES PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2016 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 21 FEBRUARY 2018

Application for variation of the 2119 Services Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016-2019.

[1] An application has been made for approval of a variation to the 2119 Services Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016-2019 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 21 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union"), sought to vary the 2016-2019 Collective Agreement between 2119 Services Pty Ltd and the CEPU Plumbing Division Roofing Union (the "Agreement"). The dispute involved the application of certain provisions of the Fair Work Act 2009 to the Agreement, specifically regarding the calculation of penalty rates for employees working on public holidays. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the Agreement's definition of "workday" should include public holidays, thereby affecting the calculation of penalty rates. The Union argued that the definition should encompass public holidays to ensure that employees receive the correct penalty rates when working on such days. The respondent, 2119 Services Pty Ltd, contended that the Agreement's definition of "workday" should exclude public holidays, impacting the calculation of penalty rates accordingly.

The Commission considered the legislative framework and the language of the Agreement to determine the correct interpretation of the term "workday." After careful analysis, the Commission concluded that the term "workday" in the Agreement did not include public holidays. Consequently, the Agreement's definition of "workday" did not affect the calculation of penalty rates for employees working on public holidays. The Commission dismissed the Union's application for variation.

In dismissing the application, the Commission noted that the Agreement's silence on the treatment of public holidays in the calculation of penalty rates meant that the ordinary rules of the Fair Work Act applied. As a result, the correct penalty rates for employees working on public holidays were those specified in the relevant award, and not those stipulated in the Agreement. The Commission made no orders varying the Agreement.

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

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established