DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/2048)

HANNA BROS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013 - 2015

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 26 MARCH 2015

Application for approval of the Hanna Bros Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known asthe Hanna Bros Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 (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 - Plumbing Division - NSW Branch (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - NSW Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Hanna Bros Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015. The applicant union and the employer, Hanna Bros Pty Ltd, had negotiated this agreement as part of their employment relations. The Fair Work Commission, acting under the Fair Work Act 2009, was the court in this matter.

The primary legal issues that the court had to address were whether the agreement met the requirements for approval under the Fair Work Act 2009, and whether it contained the necessary provisions to be considered a low paid industry award. The court also needed to determine if the agreement satisfied the "better off overall test" which requires that employees should not be worse off financially by being subject to the agreement compared to their previous conditions.

In its decision, the Fair Work Commission thoroughly examined the agreement, noting that it contained all necessary provisions and was consistent with the requirements set out in the Fair Work Act 2009. The court found that the agreement did indeed meet the criteria for approval and passed the better off overall test. It was also determined that the agreement qualified as a low paid industry award, which exempts it from certain procedural requirements. The court approved the enterprise agreement, finding that it was fair and reasonable in all respects.

The Fair Work Commission approved the Hanna Bros Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015, effective from the date of the decision. This approval allows the agreement to be registered and enforced as a binding instrument under the Fair Work Act 2009.

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