DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3484)

JOHN R KEITH (NSW) PTY LTD & CEPU PLUMBING DIVISION-NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the John R Keith (NSW) Pty Ltd & CEPU Plumbing Division-NSW Branch Plumbing Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the John R Keith (NSW) Pty Ltd & CEPU Plumbing Division-NSW Branch Plumbing 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 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 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 30 September 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 and John R Keith (NSW) Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement between the union and the company. The union, representing employees in the plumbing industry, sought approval for the Plumbing Enterprise Agreement 2015-2019. The legal issues at hand involved whether the agreement met the requirements under the Fair Work Act 2009, specifically whether it complied with the "better off overall test" and included mandatory terms as required by the Act. The union argued that the agreement was fair and reasonable, while the company contended that certain provisions were not in line with legislative requirements.

The Commission examined the provisions of the agreement to determine if they met the statutory criteria. It considered whether the agreement provided employees with a safety net of minimum wages and conditions, and if it was more favourable than the applicable award or safety net. The Commission also evaluated the inclusion of mandatory terms such as minimum rates of pay, maximum ordinary hours of work, and provisions for leave. After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement satisfied the "better off overall test" and contained all mandatory terms as required by the Act. Therefore, the agreement was approved.

The Commission's decision was based on a comprehensive analysis of the agreement's provisions and its compliance with the statutory requirements. It found that the agreement provided employees with a fair and reasonable set of terms and conditions of employment, and that it met the mandatory obligations under the Fair Work Act 2009. The Commission also noted that the agreement had been negotiated in good faith and was not contrary to public policy. As a result, the Fair Work Commission approved the Plumbing Enterprise Agreement 2015-2019 between the union and the company, effective from the date of the decision.

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