JLN Plumbing Industrial & Commercial Pty Ltd T/A JLN Plumbing Summary

[2024] FWCA 2967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JLN Plumbing Industrial & Commercial Pty Ltd T/A JLN Plumbing

(AG2024/2918)

JLN PLUMBING INDUSTRIAL & COMMERCIAL PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 12 AUGUST 2024

Application for approval of the JLN Plumbing Industrial & Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the JLN Plumbing Industrial & Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JLN Plumbing Industrial & Commercial Pty Ltd T/A JLN Plumbing. The Agreement is a single enterprise agreement.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 40: Compassionate leave – stillbirth.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (clause 5.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, JLN Plumbing Industrial & Commercial Pty Ltd, trading as JLN Plumbing, applied to the Fair Work Commission for approval of a new enterprise agreement with its employees, who are members of the CEPU – Plumbing Division (Vic). The proposed agreement, covering the period from 2024 to 2027, was the subject of negotiation between the parties. The union, CEPU – Plumbing Division (Vic), also participated in the application process, supporting the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing if the agreement met the criteria for being a "simple" agreement, which would exempt it from the need for a vote by the employees. The Commission also needed to determine if the agreement provided appropriate protections for employees, including minimum wage rates, leave entitlements, and other conditions of employment.

In assessing the application, the Fair Work Commission examined the terms of the proposed agreement in detail. The Commission found that the agreement was indeed a simple agreement, as it did not include any terms that were excluded from the definition of a simple agreement under the Fair Work Act. Furthermore, the Commission determined that the agreement provided fair and reasonable terms for the employees, including compliance with minimum wage rates and other entitlements. The Commission was satisfied that the agreement was in the best interests of the employees and approved it accordingly.

As a result of the Commission's decision, the JLN Plumbing Industrial & Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 was approved and is now in effect. The agreement will apply to the employees of JLN Plumbing and will govern their conditions of employment for the duration of the agreement.

JLN Plumbing Industrial & Commercial Pty Ltd T/A JLN Plumbing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established