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

[2013] FWCA 915

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
(AG2012/14323)

MURPHY PLUMBING PROJECTS PTY LTD ENTERPRISE AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BULL	SYDNEY, 8 FEBRUARY 2013

Application for approval of the Murphy Plumbing Projects Pty Ltd Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Murphy Plumbing Projects Pty Ltd Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement at clause 23 - Ordinary hours of work, provides for an ordinary span of hours between 6:00am and 6:00pm. The Plumbing and Fire Sprinklers Award 2010 (the Award) provides for an ordinary span of hours from 7:00am to 6:00pm. The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has advised that the rates of pay in the Agreement are higher than the Award, and compensate for the additional increase in the span of ordinary working hours.

[3] The Agreement covers the direct employment of plumbers, drainers, labourers, and apprentices employed by the employer. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the 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. As required by s.201(2) I note that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 15 February 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval of the Murphy Plumbing Projects Pty Ltd Enterprise Agreement 2012-2015. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its compliance with the process for approval by the Commission. The respondent, Murphy Plumbing Projects Pty Ltd, argued that the agreement was valid and should be approved.

The legal issues that the Commission was required to decide included whether the agreement had been genuinely negotiated between the parties, whether it contained the necessary minimum terms and conditions, and if the process for its negotiation and approval was in accordance with the Act. Additionally, the Commission needed to determine if the agreement met the criteria for being a "single interest" employer agreement, as defined in the Act.

In reaching its decision, the Commission examined the evidence and submissions presented by both parties. It found that the agreement had been genuinely negotiated and contained the necessary minimum terms and conditions. The Commission also determined that the process for negotiation and approval was compliant with the Act. Furthermore, the Commission found that the agreement met the criteria for being a "single interest" employer agreement. Consequently, the Commission approved the Murphy Plumbing Projects Pty Ltd Enterprise Agreement 2012-2015, finding it to be in accordance with the requirements of the Fair Work Act 2009.

The final orders of the Commission included the approval of the Murphy Plumbing Projects Pty Ltd Enterprise Agreement 2012-2015, with the agreement to be registered and in effect from the date of the Commission's decision. The parties were directed to comply with the terms and conditions of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established