DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Signal and Hobbs Unit Trust T/A Signal & Hobbs
(AG2016/3951)

THE SIGNAL AND HOBBS UNIT TRUST TRADING AS SIGNAL & HOBBS AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of The Signal and Hobbs Unit Trust trading as Signal & Hobbs and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Signal and Hobbs Unit Trust trading as Signal & Hobbs and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Signal and Hobbs Unit Trust T/A Signal & Hobbs. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 1 August 2016 and, in accordance with s.54, will operate from 8 August 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, The Signal and Hobbs Unit Trust trading as Signal & Hobbs, sought approval of an enterprise agreement from the Fair Work Commission. The applicant is a trustee of a unit trust that employs plumbers and other trade workers. The respondents, the CEPU - Plumbing Division Victorian Branch, and the Plumbing Industry Training Authority, opposed the application on the basis that certain provisions of the agreement were contrary to the public interest and therefore not eligible for registration. The Fair Work Commission heard the matter.

The legal issues before the Commission were whether certain provisions of the agreement were contrary to the public interest. Specifically, the Commission considered whether a clause that provided for the reduction of the number of apprentices employed by the applicant was contrary to the public interest, as well as whether a clause that limited the number of hours that apprentices could work per week was also contrary to the public interest. The Commission also considered whether a clause that provided for the reduction of the number of employees covered by the agreement was contrary to the public interest.

The Commission found that the clause that provided for the reduction of the number of apprentices employed by the applicant was contrary to the public interest. The Commission found that the clause that limited the number of hours that apprentices could work per week was not contrary to the public interest. The Commission found that the clause that provided for the reduction of the number of employees covered by the agreement was not contrary to the public interest. The Commission therefore approved the enterprise agreement with modifications to the clause that provided for the reduction of the number of apprentices employed by the applicant.

The Signal and Hobbs Unit Trust T/A Signal & Hobbs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established