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

[2013] FWCA 3162

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
(AG2013/6348)

SMITH BROTHERS PLUMBING ONSITE CONSTRUCTION ENTERPRISE AGREEMENT 2013

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 23 MAY 2013

Application for approval of the Smith Brothers Plumbing Onsite Construction Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Smith Brothers Plumbing Onsite Construction Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and SF Management Group Pty Ltd T/A Smith Brothers Plumbing. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“In setting the Rates of Pay in the Enterprise Agreement for the classification of Construction Worker / Labourer, reference was made to the Building and Construction General Onsite Award 2010 (MA000020).

As a result of further discussions between Smith Brothers Plumbing and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, it has been agreed we should use the Plumbing and Fire Sprinklers Award 2010 (MA000036) as the relevant modern award.

Based on this Award, we have agreed to the following Rates of Pay for the Construction Worker / Labourer classification shown in the table in clause 4.1.1 on page 16 of the Agreement, and we undertake to pay Employees within this classification accordingly:

Original Rate of Pay	Agreed revised Rate of Pay
Wage rate 8/4/2013 - 30/6/2014	$17.27	$18.84
Wage rate 1/7/2014 - 29/6/2015 (calculated as above wage rate + 3%)	$17.79	$19.41
Wage rate 30/6/2015 - 4/7/2016 (calculated as above wage rate + 3%)	$18.33	$19.99
Wage rate 5/7/2016 - 1/12/2016 (calculated as above wage rate + 3%)	$18.87	$20.59

We believe these revised Rates of Pay, when considered in conjunction with all other terms of the Agreement, enables the “better off overall test” to be met.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[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. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2013. The nominal expiry date of the Agreement is 1 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application before the Fair Work Commission to seek approval of the Smith Brothers Plumbing Onsite Construction Enterprise Agreement 2013. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement provided for fair and reasonable terms, including pay and conditions, and whether it had been negotiated in good faith. Additionally, the Commission needed to determine whether the agreement met the criteria for being a simple, low-risk agreement that could be approved without a vote of the employees.

The Fair Work Commission found that the agreement was fair and reasonable and had been negotiated in good faith. The Commission also determined that the agreement met the criteria for being a simple, low-risk agreement. Consequently, the agreement was approved without the need for a vote by the employees. The Commission emphasised the importance of fair and reasonable terms in the agreement and the need for good faith negotiations to ensure that the agreement met the legal requirements for approval. The Commission also noted that the agreement provided for a transparent and efficient process for resolving disputes between the employer and employees.

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