DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3217)

BOONE & WILLARD PLUMBING 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 Boone & Willard Plumbing 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 Boone & Willard Plumbing 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

The matter before the Fair Work Commission involved an application for the approval of the Boone & Willard Plumbing Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2015-2019. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The respondent was Boone & Willard Plumbing Pty Ltd. The dispute centred around whether the enterprise agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The court was tasked with determining whether the agreement was fairly and properly negotiated, provided adequate protections for employees, and complied with the relevant legislative requirements.

The primary legal issue before the court was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, including the requirement for it to be fairly and properly negotiated. Additionally, the court had to consider whether the agreement provided adequate protections for employees, including minimum wage rates, leave entitlements, and other conditions of employment. The court also needed to assess whether the agreement was consistent with the relevant industrial instruments and did not unfairly disadvantage any party.

In delivering the decision, the Fair Work Commission found that the Boone & Willard Plumbing Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2015-2019 was fairly and properly negotiated and met the requirements of the Fair Work Act 2009. The agreement provided adequate protections for employees, including minimum wage rates, leave entitlements, and other conditions of employment. The court also found that the agreement was consistent with the relevant industrial instruments and did not unfairly disadvantage any party. Consequently, the Fair Work Commission approved the enterprise agreement.

The final orders of the Fair Work Commission included the approval of the Boone & Willard Plumbing Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2015-2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision affirmed the validity of the enterprise agreement and provided clarity for both the union and the employer regarding their obligations under the approved 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