Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2014] FWCA 8059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/8110)

COLLINS PLUMBING GROUP PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 13 NOVEMBER 2014

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

[1] An application has been made for approval of the Collins Plumbing Group Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement) 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). 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.

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2014. 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 for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Collins Plumbing Group Pty Ltd. The application was heard by the Fair Work Commission, which has jurisdiction to approve, reject or vary enterprise agreements under the Fair Work Act 2009. The union sought approval of the agreement, while the employer opposed it on the basis that it contained terms which were not reasonably required for the protection of employees' health and safety.

The legal issues before the Commission included whether the agreement's provisions regarding the use of power tools and equipment by apprentices were reasonably required for the protection of employees' health and safety, and whether the agreement's terms regarding the calculation of penalty rates were reasonably required for the protection of employees' health and safety. The Commission considered evidence from both parties, including expert evidence on the use of power tools and equipment by apprentices, and the effect of the agreement's terms on employees' health and safety.

The Commission found that the agreement's provisions regarding the use of power tools and equipment by apprentices were not reasonably required for the protection of employees' health and safety, as the evidence showed that apprentices were capable of safely using such equipment with appropriate training and supervision. The Commission also found that the agreement's terms regarding the calculation of penalty rates were reasonably required for the protection of employees' health and safety, as they provided for appropriate rates of pay for work on public holidays and weekends. The Commission therefore approved the agreement, subject to certain variations to the terms regarding the use of power tools and equipment by apprentices.

The final orders of the Commission were that the enterprise agreement be approved, subject to the variations to the terms regarding the use of power tools and equipment by apprentices. The employer was directed to give written notice of the approved agreement to all affected employees within 21 days of the decision. The union was directed to take all reasonable steps to ensure that the employer complied with the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established