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

[2013] FWCA 8903

The attached document is fixing the title in the preamble page only.

Bronwyn Brown

Associate to Deputy President Lawrence

Dated 15 November 2013.

[2013] FWCA 8903

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
(AG2013/11201)

SCHAUMAC PLUMBING SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 13 NOVEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Schaumac Plumbing Services 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). 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 the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 20 November 2013. The nominal expiry date of the Agreement is30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members employed by Schaumac Plumbing Services Pty Ltd, and Schaumac Plumbing Services Pty Ltd itself. The nature of the dispute is an application for the approval of the Enterprise Agreement between the union and the employer for the period 2013-2015. The case was heard in the Fair Work Commission of Australia.

The legal issues before the court were whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009, including the obligation to provide for the “bare essentials” of employment and to ensure that the agreement does not have an adverse effect on employees' job security or terms and conditions of employment. Additionally, the court had to consider whether the agreement met the "better off overall test", which requires that employees be no worse off financially under the new agreement than they would be under the previous agreement.

The court found that the Enterprise Agreement met all the legal requirements set out in the Fair Work Act 2009. The agreement provided for all the "bare essentials" of employment, and the court was satisfied that it did not have an adverse effect on employees' job security or terms and conditions of employment. Furthermore, the court was satisfied that the agreement met the "better off overall test", as employees would not be worse off financially under the new agreement than they would be under the previous agreement.

As a result, the court approved the Enterprise Agreement between the union and Schaumac Plumbing Services Pty Ltd for the period 2013-2015. The agreement is now legally binding on both parties and will govern the employment terms and conditions of the union's members employed by Schaumac Plumbing Services Pty Ltd for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established