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

[2013] FWCA 5018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders’ Construction and Housing Association of the Australian Capital Territory
(AG2013/7586)

A-PLUS PLUMBING & BUILDING SERVICES PTY LTD & CEPU ACT ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
COMMISSIONER DEEGAN	CANBERRA, 24 JULY 2013

Application for approval of the A-PLUS PLUMBING & BUILDING SERVICES PTY LTD & CEPU ACT Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the A-PLUS PLUMBING & BUILDING SERVICES 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 the Master Builders’ Construction and Housing Association of the Australian Capital Territory. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 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

In the recent case of the Master Builders’ Construction and Housing Association of the Australian Capital Territory, the Fair Work Commission (FWC) was tasked with approving an enterprise agreement between the Master Builders' Construction and Housing Association and A-PLUS PLUMBING & BUILDING SERVICES PTY LTD. The dispute centred around the terms and conditions outlined in the proposed A-PLUS PLUMBING & BUILDING SERVICES PTY LTD & CEPU ACT Enterprise Agreement 2013-2016.

The primary legal issues before the FWC involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. This required determining if the agreement included all the required terms, did not unfairly discriminate against employees, and adhered to the Fair Work (Registered Organisations) Act 2009. Furthermore, the FWC needed to consider whether the agreement was in the public interest and if it facilitated good faith bargaining.

In its decision, the FWC examined the agreement clause by clause, focusing on whether the terms were consistent with the objectives of the Fair Work Act. The Commission found that the agreement, while generally fair, contained certain provisions that did not comply with the statutory requirements. Specifically, the FWC identified issues with the classification of employees and the provisions related to wages and conditions. After considering submissions from both parties and relevant stakeholders, the FWC concluded that, with some modifications, the agreement could be approved as meeting the necessary standards.

The Fair Work Commission ultimately approved the enterprise agreement, subject to amendments that addressed the identified concerns. The approved agreement will now govern the terms and conditions of employment for the employees of A-PLUS PLUMBING & BUILDING SERVICES PTY LTD, ensuring compliance with the Fair Work Act and promoting good faith in industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established