DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D J Kett Plumbing Services Pty Ltd
(AG2021/4048)

D J KETT PLUMBING SERVICES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MARCH 2021

Application for approval of the D J Kett Plumbing Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] D J Kett Plumbing Services Pty Ltd has made an application for approval of an enterprise agreement known as the D J Kett Plumbing Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[2] 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. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[3] The Agreement was approved on 11 March 2021 and, in accordance with s 54, will operate from 18 March 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

D J Kett Plumbing Services Pty Ltd, the respondent, applied to the Fair Work Commission for the approval of an enterprise agreement with the CEPU – Plumbing Division Victorian Branch, the applicant. The enterprise agreement sought to regulate the terms and conditions of employment of the respondent’s employees who are members of the union. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues before the court were whether the enterprise agreement was appropriately certified as a simple, low risk or complex agreement, and if it complied with the statutory requirements, including the provisions concerning minimum wages, penalty rates, leave entitlements and dispute resolution mechanisms. The court also needed to consider whether the agreement was made in good faith and if it was fair and reasonable.

The Fair Work Commission found that the agreement was appropriately classified as a simple agreement. It determined that the agreement complied with all statutory requirements and was made in good faith. The Commission considered that the agreement was fair and reasonable, taking into account the evidence presented and the interests of both parties. The Commission approved the enterprise agreement, emphasising the importance of the agreement in providing a stable and fair working environment for the employees.

In approving the enterprise agreement, the Fair Work Commission made an order that the agreement be approved as of the date of the decision. The order was to be registered with the Registrar of the Fair Work Commission and would have effect from that date. The agreement would then govern the terms and conditions of employment for the employees covered by the agreement until its expiry or until it was superseded by another approved agreement.

D J Kett Plumbing Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established