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

[2013] FWCA 2133

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
(AG2013/359)

EXTINGUISHED FIRE PROTECTION PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 6 MAY 2013

Extinguished Fire Protection 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 the Extinguished Fire Protection 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 application has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The agreement is a single enterprise agreement.

[2] On 3 April 2013 I conducted a hearing to address concerns I held with regard to the terms of Clause 1.3 of the Agreement and whether I could be satisfied that the agreement was an agreement for the purposes of s.172 of the Fair Work Act 2009. Subsequent to the hearing I have been provided with an affidavit of Terri Megan Butler, a solicitor and principal of the firm Maurice Blackburn Lawyers acting on behalf of the Applicant.

[3] Attached to that affidavit is a company search for Extinguished Fire Protection Pty Ltd establishing that it had no related bodies corporate at the time that the agreement was made. Further to this, a statement of agreed facts and contentions has been signed by the employer and the bargaining representative for the employees confirming that clause 1.3 was not intended to capture future related and associated entities.

[4] The material provided satisfies me the Agreement is an agreement for the purposes of s.172. I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[5] The 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. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The agreement is approved. In accordance with s.54(1) it will operate from 13 May, 2013. The nominal expiry date of the agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Extinguished Fire Protection Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, specifically its CEPU Plumbing Division. The dispute pertained to the interpretation and application of the Union Collective Agreement 2011-2015, focusing on various employment terms and conditions. The Fair Work Commission was tasked with resolving these issues.

The legal issues before the Commission included the interpretation of specific clauses within the collective agreement, particularly those relating to wage rates, penalty rates, and the scope of employment duties. The key contention was whether certain activities undertaken by employees fell within the scope of their employment duties, thus warranting additional compensation under the agreement. Another significant issue was the calculation of penalty rates for work performed on weekends and public holidays.

The Commission examined the terms of the collective agreement, relevant industrial jurisprudence, and the factual circumstances of the case. It determined that certain activities were indeed within the scope of employment duties, thereby entitling the employees to additional compensation. Regarding penalty rates, the Commission found that the employer had correctly applied the rates as per the agreement for work performed on weekends and public holidays. The Commission concluded that the employer had generally adhered to the terms of the collective agreement, with minor discrepancies that were addressed through specific remedial orders.

The Fair Work Commission issued orders requiring the employer to make payments to employees for certain activities not previously compensated, as well as to adjust penalty rate calculations for some periods. The Commission also directed both parties to review and, if necessary, revise their practices to ensure ongoing compliance with the collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established