DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7651)

CPSTS PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the CPSTS 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 CPSTS 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 the 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 10 January 2017. 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CPSTS Pty Ltd. The union sought approval of the Enterprise Agreement between the company and the union's Plumbing Division Victorian Branch for the years 2015 to 2019. The matter was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The union argued that the agreement met the requirements of the Act, while the company expressed concerns about certain provisions.

The key legal issues before the Commission were whether the agreement complied with the statutory criteria for approval, including provisions related to employee entitlements, classification, and dispute resolution. The company's primary objection was to a clause that allowed the union to appoint an employee as a "tradesperson" without the company's agreement, arguing that this could lead to uncertainty and potential disputes over classification. The union maintained that the clause was necessary to ensure fair treatment and proper classification of employees within the industry.

The Commission considered the arguments of both parties and examined the provisions of the agreement in light of the relevant legislation. It found that the agreement overall met the statutory criteria for approval, including the disputed clause. The Commission concluded that the provision was not unreasonable and was necessary to ensure proper classification and fair treatment of employees. It noted that the agreement included other mechanisms to address any potential disputes over classification, such as the right to apply for classification under the relevant award. The Commission also considered the broader context of the agreement, including the parties' bargaining history and the industry's practices, in reaching its decision.

The Fair Work Commission approved the Enterprise Agreement, subject to certain modifications to address the company's concerns. The company was required to provide the union with a written statement outlining its interpretation of the "tradesperson" clause, and the union was required to provide similar statements regarding other provisions of the agreement. The Commission also ordered that the company provide the union with certain information about its employees, to assist in the implementation of the agreement. These orders were intended to ensure that the agreement was implemented in a fair and transparent manner, and to address any potential disputes that may arise during its operation.

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