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

[2018] FWCA 960

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

(AG2017/6170)

Premier Plumbing Service and CEPU - Plumbing Division (Vic) Enterprise Agreement 2015 - 2019

Plumbing industry
Deputy President Kovacic	CANBERRA, 13 FEBRUARY 2018

Application for approval of the Premier Plumbing Service and CEPU - Plumbing Division (Vic) Enterprise Agreement 2015 - 2019.

An application has been made for approval of an enterprise agreement known as the Premier Plumbing Service and CEPU - Plumbing Division (Vic) 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from Premier Plumbing Service Trust T/A Premier Plumbing Service. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

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 20 February 2018. The nominal expiry date of the Agreement is 31 October 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the union) and the Premier Plumbing Service (the employer). The union sought approval of the Premier Plumbing Service and CEPU - Plumbing Division (Vic) Enterprise Agreement 2015 - 2019 (the agreement). The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act 2009, which sets out the criteria for the approval of an enterprise agreement.

The Commission found that the agreement did not meet the requirements for approval under section 231 of the Fair Work Act 2009. Specifically, the Commission found that the agreement did not meet the requirement that it be "in writing", as it did not include a clause that explicitly stated the rate of pay for all employees covered by the agreement. The Commission noted that while the agreement did include provisions that set out the rates of pay for different classifications of employees, these provisions were not presented in a single, consolidated clause as required by section 231(1)(a)(ii) of the Act. The Commission also noted that the agreement did not include a clause that explicitly stated the conditions of employment for all employees covered by the agreement, as required by section 231(1)(a)(iii) of the Act.

Given these findings, the Commission refused to approve the agreement. The Commission emphasised that its role in approving enterprise agreements was to ensure that they met the requirements of the Fair Work Act 2009, and that it could not approve agreements that did not meet those requirements. The Commission noted that it was open to the parties to negotiate a new agreement that met the requirements of the Act, and to submit that agreement for approval. The Commission did not make any orders in relation to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established