DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3381)

DENAM HYDRAULIC PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2016

Application for approval of the Denam Hydraulic 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 Denam Hydraulic 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] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 17 June 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of the Denam Hydraulic Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019 (the Agreement). The application was heard in the Fair Work Commission, Australia's workplace relations tribunal. The Union sought the Commission's approval of the Agreement as a safety net agreement, which would provide employees with minimum wages and conditions in the absence of an enterprise agreement.

The key legal issues before the Commission were whether the Agreement provided for minimum wages and conditions and whether it was in the interests of the employees covered by the Agreement. The Commission had to consider whether the Agreement met the requirements set out in the Fair Work Act 2009, including whether it provided for minimum rates of pay, penalty rates, and leave entitlements, and whether it was consistent with the objects of the Act, including promoting higher wages and better working conditions.

The Commission found that the Agreement met the requirements for approval as a safety net agreement. It provided for minimum wages and conditions, including minimum rates of pay and penalty rates, and it was consistent with the objects of the Act. The Commission also found that the Agreement was in the interests of the employees covered by it, as it provided for improved wages and conditions compared to the minimum safety net entitlements. The Commission approved the Agreement as a safety net agreement.

The Commission made an order approving the Agreement as a safety net agreement and directed that it be registered with the Commission. The Agreement will now provide minimum wages and conditions for employees in the plumbing industry covered by the Agreement until a new enterprise agreement is negotiated or until the Agreement is terminated or expires.

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