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

[2014] FWCA 7323

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
(AG2014/9253)

REID PLUMBING SERVICES (QLD) PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 OCTOBER 2014

Application for approval of the Reid Plumbing Services (QLD) 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 Reid Plumbing Services (QLD) 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 Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 23 October 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU Plumbing Division, and Reid Plumbing Services (QLD) Pty Ltd. The union sought approval for the Reid Plumbing Services (QLD) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue for the court was whether the collective agreement contained provisions that were contrary to the public interest or that failed to comply with the requirements of the Fair Work Act. Specifically, the court had to consider whether the agreement provided for adequate minimum wage rates, notice periods, and penalty rates for the employees covered by the agreement. The court was also required to consider whether the agreement contained any provisions that were inconsistent with the principles of the Fair Work Act, such as provisions that undermined the right to freedom of association or the right to bargain collectively.

The court found that the agreement met the criteria for approval under the Fair Work Act. The court noted that the agreement provided for minimum wage rates that were consistent with the relevant award and that the agreement contained provisions for adequate notice periods and penalty rates. The court also found that the agreement did not contain any provisions that were contrary to the public interest or that were inconsistent with the principles of the Fair Work Act. The court approved the agreement, subject to certain conditions that were designed to ensure that the agreement continued to meet the requirements of the Fair Work Act.

The court's final orders were that the Reid Plumbing Services (QLD) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015 be approved, subject to the conditions set out in the court's decision. The court also ordered that the agreement be registered with the Fair Work Commission and that it be given effect as a registered agreement under the Fair Work Act. The union and the employer were required to comply with the terms of the agreement and to take all necessary steps to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established