DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3231)

BROWN & MOODIE (NSW) PTY LTD & CEPU PLUMBING DIVISION-NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 27 MAY 2016

Application for approval of the Brown & Moodie (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 Brown & Moodie (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 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2016. The nominal expiry date of the Agreement is 30 September 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 applied for approval of the Brown & Moodie (NSW) Pty Ltd & CEPU Plumbing Division-NSW Branch Plumbing Enterprise Agreement 2015-2019. The respondent, Brown & Moodie (NSW) Pty Ltd, did not oppose the application but raised concerns about the agreement's provisions, particularly those relating to the classification of employees and the calculation of penalty rates. The union submitted that the agreement was fair and reasonable, and that it appropriately reflected the terms and conditions of employment for the employees covered by the agreement.

The primary legal issue before the commission was whether the enterprise agreement was fair and reasonable in all its terms. The commission considered the agreement in light of the relevant legislative provisions and the principles established by precedent. The commission noted that the agreement contained provisions that were broadly consistent with industry standards, and that the parties had negotiated in good faith. The commission also noted that the agreement provided for the fair treatment of employees and did not undermine the rights of employees or the public interest.

After considering the submissions and evidence, the commission determined that the enterprise agreement was fair and reasonable in all its terms. The commission found that the agreement appropriately reflected the terms and conditions of employment for the employees covered by the agreement, and that it did not contain any provisions that were unfair or unreasonable. The commission approved the enterprise agreement, subject to certain minor amendments to clarify certain provisions.

The commission's decision was based on a thorough consideration of the evidence and submissions before it. The commission found that the agreement was fair and reasonable, and that it appropriately reflected the terms and conditions of employment for the employees covered by the agreement. The commission approved the enterprise agreement, subject to certain minor amendments to clarify certain provisions. The approval of the enterprise agreement will provide certainty and stability to the employees and employers covered by the agreement, and will ensure that they are able to access the benefits of the 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