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

[2013] FWCA 2139

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
(AG2013/358)

ABSOLUTE FIRE PROTECTION AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011- 2015

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 3 MAY 2013

Absolute Fire Protection and CEPU Plumbing Division Union Collective Agreement 2011- 2015.

[1] An application has been made for approval of an enterprise agreement known as the Absolute Fire Protection 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 Absolute Fire Protection 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 case involves Absolute Fire Protection and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, also known as CEPU. The dispute arose out of the interpretation of the CEPU Plumbing Division Union Collective Agreement 2011-2015 and was heard in the Fair Work Commission. Absolute Fire Protection challenged the union's interpretation of the agreement, specifically regarding the classification and wages of employees.

The primary legal issues before the Commission were the proper classification of certain employees under the collective agreement and the calculation of their wages and entitlements. The Commission needed to determine whether the union's interpretation of the agreement was correct and whether Absolute Fire Protection was required to pay additional wages and entitlements to its employees.

In its decision, the Commission found in favour of the union's interpretation of the agreement. The Commission held that the union's classification of the employees was correct, and that Absolute Fire Protection was required to pay the employees the wages and entitlements specified in the agreement. The Commission found that the union's interpretation of the agreement was reasonable and consistent with the terms of the agreement. The Commission also found that Absolute Fire Protection had failed to provide sufficient evidence to support its own interpretation of the agreement.

As a result of the decision, Absolute Fire Protection was required to pay its employees the wages and entitlements specified in the agreement, and to back-pay any amounts that had not been paid. The union's interpretation of the agreement was upheld, and Absolute Fire Protection was ordered to comply with the terms of the agreement in future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established