DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3380)

PLANET PLUMBING QLD 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 Planet Plumbing QLD 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 Planet Plumbing QLD 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting as the CEPU Plumbing Division, sought approval of a proposed collective agreement with Planet Plumbing QLD Pty Ltd. The agreement, covering the period from 2015 to 2019, aimed to regulate various aspects of employment for plumbers within the company. The dispute centred on whether the proposed terms and conditions adhered to the relevant legislative framework and whether they offered fair and reasonable outcomes for both employees and employers.

The central legal issues revolved around whether the terms of the collective agreement were consistent with the Fair Work Act 2009 and whether they provided a safety net of minimum entitlements as required by law. The Commission had to ensure that the agreement did not undermine the rights of employees and provided adequate protections, while also allowing for a fair balance between the interests of employers and employees.

The Commission carefully examined the provisions of the proposed agreement, considering the statutory requirements and broader principles of industrial justice. It assessed whether the terms provided a safety net of minimum entitlements, ensuring that employees were not disadvantaged compared to what they would receive under the applicable awards and laws. After thorough deliberation, the Commission determined that the agreement met the necessary legislative standards and offered fair and reasonable terms for both parties. Consequently, the Commission approved the collective agreement, allowing it to come into effect and govern the employment conditions of plumbers under Planet Plumbing QLD Pty Ltd.

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