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

[2013] FWCA 4258

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
(AG2013/6831)

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

Plumbing industry
COMMISSIONER BULL	SYDNEY, 1 JULY 2013

Application for approval of the Grateholt Plumbing 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 Grateholt Plumbing 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] The Agreement covers direct employment of plumbers, drainers, labourers and apprentices employed by the employer. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] 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. In accordance with s.201(2) I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 8 July 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Grateholt Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015. The agreement was put forward as a low-paid modern award, as defined under the Fair Work Act 2009. The application sought to ensure that the terms and conditions outlined in the agreement were consistent with the legislative framework and did not unfairly disadvantage any party involved.

The primary legal issues before the court were whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act and whether it could be approved as a low-paid modern award. This involved scrutiny of various provisions of the agreement to ensure they met the standards set forth in the Act, particularly regarding minimum wage rates, penalties for unauthorised deductions, and the overall fairness of the terms for both employees and employers.

In reaching its decision, the Fair Work Commission examined the specifics of the enterprise agreement, including its wage provisions, penalty rates, and other employment conditions. The Commission found that the agreement was largely consistent with the requirements of the Fair Work Act, including the provisions for low-paid employees. It was determined that the agreement did not unfairly disadvantage any party and provided adequate protections for employees. Consequently, the application for approval was successful, and the agreement was certified as a low-paid modern award. The Commission's decision was based on the balance of fairness and compliance with legislative standards, ensuring that the agreement met the necessary criteria for approval.

The final orders of the Fair Work Commission approved the Grateholt Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2013-2015 as a low-paid modern award, effective from the date of the decision. This certification meant that the terms and conditions outlined in the agreement would apply to the relevant employees, providing them with the protections and benefits stipulated within 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