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

[2014] FWCA 7258

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
(AG2014/9140)

HATCHMAN HYDRAULICS PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 14 OCTOBER 2014

Application for approval of the Hatchman Hydraulics 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 Hatchman Hydraulics 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, 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 21 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 before the Fair Work Commission involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Hatchman Hydraulics Pty Ltd. The union submitted an application for the approval of the Hatchman Hydraulics Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011-2015. The primary issue before the Commission was whether the agreement met the statutory requirements for approval, particularly in relation to provisions concerning minimum rates of pay and penalty rates.

The legal issues central to this case were the interpretation and application of sections 219 and 220 of the Fair Work Act 2009. Section 219 mandates that a registered agreement must provide for minimum rates of pay, while section 220 imposes specific requirements on penalty rates, including the definition of ordinary hours of work. The union argued that the agreement was consistent with these provisions, while Hatchman Hydraulics Pty Ltd contended that certain clauses did not comply with the statutory standards.

The Fair Work Commission examined the agreement clause by clause, ensuring that it adhered to the legislative framework. The Commission found that the agreement adequately addressed minimum rates of pay and correctly defined ordinary hours of work for penalty rate calculations. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements. The union's application was thus successful, leading to the formal recognition of the collective agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established