DECISION

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

Tobin Plumbing Pty Ltd
(AG2020/4124)

TOBIN PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 -2023

Plumbing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 JANUARY 2021

Application for approval of the Tobin Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 -2023.

[1] Tobin Plumbing Pty Ltd has made an application for the approval of an enterprise agreement known as the Tobin Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 -2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[4] The Agreement was approved on 28 January 2021 and, in accordance with s 54, will operate from 4 February 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Tobin Plumbing Pty Ltd applied for approval of the Enterprise Agreement between itself and the CEPU - Plumbing Division Victorian Branch for the period 2019-2023. The application came before the Commission sitting as a single member, who had to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary issue for the Commission was whether the Enterprise Agreement was a "direct substitution" of terms and conditions of employment as defined in the Fair Work Act. This determination was crucial as it would decide whether the agreement could be approved. The agreement in question included a clause that provided for the payment of allowances to certain employees. The Commission had to assess if this clause represented a direct substitution of the relevant terms and conditions of employment.

After examining the terms of the Enterprise Agreement, the Commission found that the clause regarding allowances did not directly substitute the terms and conditions of employment as stipulated in the Fair Work Act. The Commission noted that the allowance payments were not a direct replacement of existing terms and conditions but were additional benefits provided to specific employees. Based on this, the Commission concluded that the agreement did not constitute a direct substitution and could therefore be approved.

The Fair Work Commission approved the Enterprise Agreement between Tobin Plumbing Pty Ltd and the CEPU - Plumbing Division Victorian Branch for the period 2019-2023, finding that it did not directly substitute the terms and conditions of employment.

Tobin Plumbing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established