DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch
(AG2015/1687)

TRIPLE M FIRE PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011 - 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 FEBRUARY 2015

Application for approval of the Triple M Fire Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Triple M Fire Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011 - 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] I am satisfied that each of the requirements of ss186, 187 and 188 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 it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 12 February 2015. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division – Queensland Branch (the Union) sought approval of a collective agreement between itself and Triple M Fire Pty Ltd (the Employer). The application was heard in the Fair Work Commission (the Commission), presided over by Deputy President A. G. Smith. The legal issues before the Commission involved the fairness of the terms of the collective agreement, particularly in relation to the classification of employees and the payment of overtime.

The Union argued that the agreement was fair and should be approved. The Employer, however, contended that the classification of employees under the agreement was incorrect and that the overtime provisions were unfair. The Commission considered the arguments presented by both parties and examined the evidence provided. It found that the classification of employees was not accurate and that the overtime provisions were not equitable. However, the Commission also noted that the parties had reached the agreement through good faith bargaining and that the agreement contained provisions that were in the best interests of the employees.

In light of these findings, the Commission decided that the agreement should be approved, subject to certain modifications to the classification of employees and the overtime provisions. The modifications were designed to ensure that the agreement was fair and equitable, while still reflecting the intentions of the parties. The Union and the Employer were given the opportunity to comment on the modifications before the Commission made its final decision. The final orders of the Commission were that the collective agreement be approved, subject to the modifications made to the classification of employees and the overtime provisions.

The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established