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

[2013] FWCA 3324

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
(AG2013/6511)

JENNINGS PLUMBING SERVICES (NSW) PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
COMMISSIONER BULL	SYDNEY, 27 MAY 2013

Application for approval of the JENNINGS PLUMBING SERVICES (NSW) 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 JENNINGS PLUMBING SERVICES (NSW) 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 3 June 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the Jennings Plumbing Services (NSW) Pty Ltd & CEPU Plumbing Division – NSW Branch Enterprise Agreement 2013-2015. The application was heard by the Fair Work Commission, with Commissioner McCabe presiding. The dispute centred around whether the proposed enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement provided for a fair and reasonable method of determining the wages and conditions of employment, and whether it contained appropriate provisions for employee representation, dispute resolution, and the protection of employees’ rights and entitlements. The Commission also had to consider whether the agreement complied with any relevant modern awards or other industrial instruments.

After carefully examining the evidence and arguments presented by the parties, the Commission determined that the proposed enterprise agreement met the necessary requirements for approval. The agreement provided for a fair and reasonable method of determining wages and conditions, included appropriate provisions for employee representation and dispute resolution, and contained adequate protections for employees’ rights and entitlements. The Commission found that the agreement was in accordance with relevant modern awards and other industrial instruments. As a result, the application for approval was successful, and the agreement was registered by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established