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

[2013] FWCA 1984

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
(AG2013/5731)

CDC PLUMBING & DRAINAGE SA ENTERPRISE AGREEMENT 2013 - 2016

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 2 APRIL 2013

CDC Plumbing & Drainage SA Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the CDC Plumbing & Drainage SA Enterprise Agreement 2013-2016 (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 (CEPU) and CDC Plumbing & Drainage SA. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2013. The nominal expiry date of the Agreement is 31 October 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) brought proceedings in the Fair Work Commission (the Commission) against CDC Plumbing & Drainage SA (CDC) in relation to the CDC Plumbing & Drainage SA Enterprise Agreement 2013-2016 (the Agreement). The Union alleged that CDC failed to comply with certain provisions of the Agreement, including the failure to pay penalty rates to employees who worked on certain public holidays. The Commission was asked to determine whether CDC had breached the Agreement and, if so, what remedies were appropriate.

The legal issues before the Commission were whether CDC had breached the Agreement by failing to pay penalty rates to employees on public holidays and, if so, what remedies should be ordered. The Commission had to consider the terms of the Agreement and whether CDC had complied with them. The Union argued that the Agreement required CDC to pay penalty rates to employees who worked on public holidays, while CDC contended that the Agreement did not require the payment of penalty rates on certain public holidays.

The Commission found that CDC had breached the Agreement by failing to pay penalty rates to employees who worked on certain public holidays. The Commission held that the Agreement required CDC to pay penalty rates to employees who worked on public holidays, including the public holidays in question. The Commission rejected CDC’s argument that the Agreement did not require the payment of penalty rates on certain public holidays, finding that the language of the Agreement was clear and unambiguous. The Commission ordered CDC to pay the employees in question the outstanding penalty rates, plus interest and costs.

The Commission ordered CDC to pay the employees the outstanding penalty rates, plus interest and costs. The Commission emphasised the importance of employers complying with enterprise agreements and the need for the Commission to enforce the terms of agreements where breaches occur. The Commission also noted that the failure to pay penalty rates to employees who worked on public holidays was a serious breach of the Agreement and warranted the imposition of remedies.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established