DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4929)

THE TRUSTEE FOR HAIN INVESTMENT TRUST T/A DOWBURY PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 15 AUGUST 2016

Application for approval of The Trustee for Hain Investment Trust t/a Dowbury Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Hain Investment Trust t/a Dowbury Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016 - 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. 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.

[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 was approved on 15 August 2016 and, in accordance with s.54, will operate from 22 August 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve a collective agreement between the Trustee for Hain Investment Trust trading as Dowbury Pty Ltd and the CEPU Plumbing Division Roofing Union. The agreement in question pertained to the period from 2016 to 2019 and sought the commission's approval as a safety net agreement. The union argued that the agreement provided fair and reasonable terms and conditions of employment, while the employer contended that certain provisions did not meet the safety net standards.

The central legal issues revolved around whether the provisions of the collective agreement met the statutory safety net standards set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for minimum rates of pay, reasonable hours of work, and adequate leave provisions. Additionally, the court examined whether the agreement contained any provisions that unfairly disadvantaged employees by providing less favourable terms and conditions than those stipulated in the relevant modern award.

The Fair Work Commission, in its decision, found that the collective agreement generally provided for fair and reasonable terms and conditions of employment. However, the commission identified certain provisions that did not meet the safety net standards. These included clauses relating to the calculation of overtime rates and the allocation of leave entitlements. After considering submissions from both parties and the broader context of the agreement, the commission determined that the agreement, while not perfect, did not contain any terms that were so deficient as to warrant outright rejection. The commission exercised its discretion under the Fair Work Act to approve the agreement with certain modifications to address the identified shortcomings.

The final orders of the commission were that the collective agreement between the Trustee for Hain Investment Trust trading as Dowbury Pty Ltd and the CEPU Plumbing Division Roofing Union for the period 2016 to 2019 was approved, subject to the modifications made by the commission. The agreement was to be implemented with these changes to ensure compliance with the safety net provisions of the Fair Work Act. The employer was required to take steps to inform employees of the approved terms, while the union was directed to ensure that any implementation of the agreement adhered to the modified provisions.

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