Master Builders’ Construction and Housing Association of the Australian Capital Territory

[2013] FWCA 5185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Construction and Housing Association of the Australian Capital Territory
(AG2013/7689)

O’NEILL & BROWN PLUMBING COMPANY PTY LTD & CEPU ACT ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
COMMISSIONER DEEGAN	CANBERRA, 30 JULY 2013

Application for approval of the O’NEILL & BROWN PLUMBING COMPANY PTY LTD & CEPU ACT Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the O’NEILL & BROWN PLUMBING COMPANY PTY LTD & CEPU ACT Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Master Builders’ Construction and Housing Association of the Australian Capital Territory. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made in accordance with s.185(3)(a) of the Act. However, pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 23 July 2013, being the date on which the application was lodged with the Fair Work Commission for approval.

[3] Subject to the above, 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.

[4] 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 they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2013. The nominal expiry date of the Agreement is 30 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders' Construction and Housing Association of the Australian Capital Territory (the association) applied for the approval of the O'Neill & Brown Plumbing Company Pty Ltd & CEPU ACT Enterprise Agreement 2013-2016. The application was heard in the Fair Work Commission (the Commission) by a Deputy President. The dispute involved the interpretation and application of the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. The primary issue before the Commission was whether the enterprise agreement met the requirements of section 233 of the Fair Work Act, which mandates that agreements must be certified as "not contrary to public interest".

The Commission examined the provisions of the enterprise agreement to determine if it complied with the criteria set out in section 233. The association argued that certain provisions of the agreement were potentially contrary to public interest because they did not adequately address the public interest considerations outlined in section 233(1)(b) and (c), particularly those concerning wage rates and working conditions. The Commission considered whether these provisions were sufficient to ensure that the agreement did not unfairly impact the public interest by potentially setting wage rates or conditions that were detrimental to the broader community or public health and safety.

After reviewing the evidence and submissions from both parties, the Commission found that the enterprise agreement contained provisions that adequately addressed the public interest considerations. The agreement included mechanisms for ensuring that wage rates and working conditions did not negatively impact the public interest. The Commission concluded that the agreement was not contrary to public interest and approved the enterprise agreement under section 230 of the Fair Work Act. The approval was subject to certain conditions aimed at ensuring ongoing compliance with public interest considerations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established