Triple T Plumbing and Civil Pty Ltd

[2014] FWCA 3870

[2014] FWCA 3870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Triple T Plumbing and Civil Pty Ltd
(AG2014/3903)

TRIPLE T PLUMBING & CIVIL PTY LTD AND EMPLOYEE COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 13 JUNE 2014

Application for approval of the Triple T Plumbing & Civil Pty Ltd and Employee Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Triple T Plumbing & Civil Pty Ltd and Employee Collective Agreement 2014-2017 (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] The Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (the CEPU) - Plumbing Division requested that they be provided the opportunity to make submissions about the application. Initially this was communicated through a request by a Mr McCrudden that I ring him on his mobile phone. Mr McCreudden was advised by my Associate that the application would be listed for conference and the CEPU would be sent a copy of the listing and they could attend if they wished.

[3] I held a conference by telephone on 26 March and subsequent to that conference issued Directions which amongst other things required the CEPU to lodge an outline of their objections. The CEPU lodged a one page letter stating that;

(i) the Company already had an agreement covering employees in the plumbing trade;

(ii) the CEPU feared this agreement was aimed at reducing the remuneration employees were currently receiving, and;

(iii) the CEPU wanted the approval delayed in order that they could hold further discussions with the employer.

[4] None of the grounds that the CEPU outlined provide a reason why the agreement should not be approved. There appears to me to be nothing in the Agreement nor in the process undertaken in the making of it that prevent it being approved.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

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