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

[2014] FWCA 7731

FAIR WORK COMMISSION

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
(AG2014/9635)

BUILD ON SITE SOLUTION PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 31 OCTOBER 2014

Application for approval of the Build On Site Solution Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Build On Site Solution Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 7 November 2014. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of a collective agreement between Build On Site Solution Pty Ltd and the CEPU Plumbing Division Union. The agreement, which was set to run from 2011 to 2015, covered various terms and conditions of employment for the union members working under the employer. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for a fair and reasonable agreement, and the need to address the employees' minimum entitlements.

The primary legal issues for the court to decide were whether the collective agreement met the statutory criteria for approval, particularly regarding the protection of employees' minimum entitlements and whether the agreement was fair and reasonable. The court had to examine the specifics of the agreement, including wage rates, working hours, leave provisions, and other employment conditions, to ensure they aligned with the provisions of the Fair Work Act. The court also needed to assess if the agreement provided for the resolution of disputes and if it included adequate provisions for the protection of employees' rights and interests.

After thorough consideration, the Fair Work Commission determined that the collective agreement did not fully comply with the statutory requirements. The commission identified several shortcomings, particularly in relation to the protection of employees' minimum entitlements. The court found that certain clauses in the agreement were not sufficiently clear and did not adequately protect the employees' rights. Additionally, the agreement lacked specific provisions for the resolution of disputes and did not meet the standard of being fair and reasonable. Consequently, the application for approval of the agreement was dismissed.

The Fair Work Commission ordered that the agreement be returned to the parties for amendment and resubmission, with specific directions to address the identified deficiencies. The parties were instructed to revise the agreement to ensure it provided adequate protection for employees' minimum entitlements, included clear and effective dispute resolution mechanisms, and met the statutory criteria for a fair and reasonable agreement. The court's decision emphasised the importance of compliance with the Fair Work Act and the need for collective agreements to safeguard employees' rights and interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established