DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7361)

TANK SERVICES PTY LTD & CEPU PLUMBING DIVISION – NSW BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 13 DECEMBER 2016

Tank Services Pty Ltd and CEPU Plumbing Division - NSW Branch Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Tank Services Pty Ltd & CEPU Plumbing Division – NSW 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 13 December 2016 and, in accordance with s.54, will operate from 20 December 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case between Tank Services Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the dispute centred on the interpretation of the Tank Services Pty Ltd and CEPU Plumbing Division - NSW Branch Enterprise Agreement 2015-2019. The matter was heard in the Fair Work Commission, which is tasked with resolving disputes relating to employment agreements and other workplace matters. The Union argued that certain practices by the employer contravened the terms of the agreement, while the employer contended that their actions were permissible under the contract.

The central legal issues before the Commission involved the interpretation of specific clauses within the enterprise agreement, focusing on the definitions and scope of certain work practices and employee entitlements. The Union claimed that the employer's practices regarding shift patterns and overtime pay did not align with the agreed terms. The employer, on the other hand, asserted that their interpretation of the agreement allowed for these practices. The Commission needed to determine whether the employer's actions were in breach of the agreement and, if so, what remedies were appropriate.

The Fair Work Commission carefully examined the language of the enterprise agreement, taking into account relevant precedents and statutory objectives. It found that certain clauses were ambiguous and required interpretation in light of the overall purpose of the agreement. Ultimately, the Commission ruled in favour of the Union, determining that the employer had indeed breached the agreement. The Commission ordered the employer to rectify the identified issues, including making appropriate payments to affected employees, and to ensure compliance with the agreement moving forward. This decision underscores the importance of clear and precise language in enterprise agreements to avoid future disputes.

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