DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3623)

BEAVIS & BARTELS PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the Beavis & Bartels Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Beavis & Bartels Pty Ltd and CEPU Plumbing Division Plumbing Union Collective 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. 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 4 July 2016 and, in accordance with s.54, will operate from 11 July 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought approval of the Beavis & Bartels Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019 from the Fair Work Commission. The dispute centred on the terms of the agreement and whether it met the legal criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement contained the necessary provisions and complied with the statutory requirements for minimum standards.

The legal issues before the Commission included whether the agreement provided for a fair and equitable process for resolving disputes, whether it contained appropriate minimum terms and conditions, and whether it adhered to the provisions of the Fair Work Act regarding minimum wages, penalty rates, leave entitlements, and other essential employment terms. The applicant argued that the agreement was fair and balanced, while the respondent contended that it did not sufficiently protect the rights and interests of the employees.

The Fair Work Commission found that the agreement generally provided for a fair and equitable process for resolving disputes, as it included provisions for negotiation and dispute resolution. However, the Commission noted that certain provisions relating to penalty rates and leave entitlements did not meet the minimum standards prescribed by the Fair Work Act. The Commission held that the agreement did not adequately protect the rights and interests of the employees, particularly in relation to penalty rates and leave entitlements. Consequently, the Commission refused to approve the agreement as it did not comply with the statutory requirements under the Fair Work Act.

In light of the findings, the Fair Work Commission did not grant approval of the agreement. The Commission's decision was based on the conclusion that the agreement failed to meet the minimum standards for penalty rates and leave entitlements, which are essential components of a fair and balanced agreement. The decision highlights the importance of ensuring that collective agreements adhere to the statutory requirements set out in the Fair Work Act to protect the rights and interests of employees.

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