DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3481)

D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 17 JUNE 2016

Application for approval of the D&W Plumbing and Civil Contractors 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 D&W Plumbing and Civil Contractors 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 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 17 June 2016 and, in accordance with s.54, will operate from 24 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

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and D&W Plumbing and Civil Contractors Pty Ltd & CEPU Plumbing Division - NSW Branch (the Employer). The Union applied for the approval of the 2015-2019 Plumbing Enterprise Agreement (the Agreement) under section 232 of the Fair Work Act 2009 (the Act). The Fair Work Commission (the Commission) heard the matter, with the Union represented by Mr. Scott and the Employer by Mr. Williams.

The primary legal issue before the Commission was whether the Agreement complied with the Act and its regulations, particularly concerning the provisions related to employee entitlements, working conditions, and dispute resolution mechanisms. The Union argued that the Agreement was fair and reasonable, while the Employer contested certain provisions, claiming they were overly burdensome and potentially detrimental to business operations.

The Commission examined the Agreement in detail, considering the arguments from both parties. The Commission found that the Agreement was generally fair and reasonable, taking into account the economic context, the bargaining power of the parties, and the overall balance of the agreement. The Commission addressed the Employer’s concerns by modifying certain provisions to ensure they were fair and reasonable. Consequently, the Commission approved the Agreement with these modifications.

The final orders of the Commission included the approval of the Agreement, subject to the modifications made to specific provisions. The Commission directed that the modified Agreement be registered with the Fair Work Ombudsman, and it became binding on the parties from the effective date of the original agreement.

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