DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/616)

H & R PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 27 MARCH 2015

Application for approval of the H & R Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the H & R Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (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 (CEPU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CEPU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 3 April 2015. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of the H & R Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement). The application was heard in the Fair Work Commission (FWC) and the Union sought to have the Agreement approved as a safety net compliant, modern award. The employer, H & R Plumbing Pty Ltd, contested the application on various grounds.

The central legal issues before the Commission were whether the Agreement contained all the safety net terms and whether it was otherwise compliant with the Fair Work Act 2009. The Union argued that the Agreement was fair and reasonable and contained all the safety net terms, while the employer contended that the Agreement failed to comply with the Act because it did not include all the safety net terms and was not fair and reasonable. The employer also argued that the Agreement had not been fairly negotiated.

In considering the application, the FWC examined the terms of the Agreement and the evidence presented by both parties. The FWC found that the Agreement was not compliant with the Fair Work Act because it did not contain all the safety net terms and was not fair and reasonable. The FWC noted that the employer had not provided evidence of the negotiation process and that the Agreement did not adequately protect employees’ entitlements. The FWC also found that the Agreement did not meet the requirements for modern awards set out in section 232 of the Act.

The FWC did not approve the Agreement as a modern award. The employer was ordered to pay the Union’s costs of the application.

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