DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3325)

2119 SERVICES PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 2 JUNE 2016

Application for approval of the 2119 Services Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the 2119 Services Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016 - 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 9 June 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

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting as the representative for the employees, and 2119 Services Pty Ltd, a contractor in the plumbing industry. The union sought approval of the 2016-2019 collective agreement under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, the tribunal responsible for regulating and enforcing workplace laws in Australia.

The key legal issues before the tribunal were whether the agreement met the criteria for approval as a modern award, specifically under section 235 of the Fair Work Act. This included determining if the agreement provided for minimum wages and conditions of employment, whether it was consistent with the Fair Work Act’s objectives, and if it adhered to the relevant provisions of the National Employment Standards. The tribunal also examined if the agreement contained terms that were contrary to public policy or that failed to provide employees with protections equivalent to those in the relevant modern award.

The tribunal found that the agreement largely complied with the statutory requirements for approval. It noted that the agreement provided for wages and conditions that were at least equivalent to those stipulated in the relevant modern award. The tribunal highlighted that the agreement included provisions for leave, penalty rates, and other employment conditions that aligned with the objectives of the Fair Work Act. However, it did identify a few discrepancies, such as an incorrect reference to a rate of pay and some minor procedural errors. Despite these issues, the tribunal concluded that the overall agreement was fair and balanced, meeting the legislative criteria for approval.

The tribunal approved the 2016-2019 collective agreement, subject to the minor corrections being made by the parties. The decision underscored the importance of collective agreements in providing fair terms and conditions for employees, while also ensuring compliance with the statutory framework designed to protect workers’ rights.

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