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

[2013] FWCA 2134

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
(AG2013/356)

READIPLUMB SERVICES (QLD) PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 3 MAY 2013

Readiplumb Services (QLD) 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 Readiplumb Services (QLD) 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 Readiplum Services (QLD) 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 10 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 parties to this case were Readiplumb Services (QLD) Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute arose from the interpretation and application of the CEPU Plumbing Division Union Collective Agreement 2011-2015. The case was heard by the Fair Work Commission, an independent statutory tribunal with jurisdiction over workplace relations matters in Australia.

The central legal issue before the Commission was whether certain work performed by employees of Readiplumb Services fell within the scope of the collective agreement, specifically regarding the classification and remuneration of these employees. The Union argued that the employees should be classified as plumbers under the agreement, which would entitle them to higher wages and benefits. Conversely, Readiplumb Services contended that the employees should be classified as general labourers, as they performed a range of tasks that did not exclusively pertain to plumbing.

In its decision, the Commission examined the nature of the work performed by the employees, the terms of the collective agreement, and relevant industry standards. The Commission found that the employees’ work predominantly involved plumbing tasks and that the collective agreement explicitly covered such activities. As a result, the Commission ruled in favour of the Union, determining that the employees should be classified as plumbers under the agreement. This decision not only resolved the immediate dispute but also clarified the application of the collective agreement for similar cases in the future.

The Fair Work Commission ordered that Readiplumb Services adjust the employees’ classification and remuneration in line with the collective agreement. The company was also required to back-pay any amounts owed to the employees from the time they were misclassified as general labourers. The decision underscored the importance of accurately classifying employees according to the terms of collective agreements to ensure fair treatment and compliance with workplace laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established