Triple T Plumbing and Civil Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Triple T Plumbing and Civil Pty Ltd, which sought approval of the Employee Collective Agreement 2014-2017. The matter was heard in the Fair Work Commission. The central dispute was whether the terms and conditions outlined in the proposed agreement complied with the relevant legislative framework and whether they were fair and reasonable for both the employer and the employees.

The court had to determine whether the proposed collective agreement was in accordance with the Fair Work Act 2009. Specifically, it needed to assess whether the agreement met the criteria for being a registered agreement, including that it was not contrary to public policy, was not misleading or deceptive, and was not likely to have an adverse effect on the employees' job security or employment conditions. Furthermore, the court considered whether the agreement was made in good faith and whether it provided a safety net of minimum wages and conditions.

The Fair Work Commission found that the proposed agreement met all the necessary legal requirements. The terms were not contrary to public policy, did not mislead or deceive, and did not adversely affect the employees' job security or conditions. The agreement was made in good faith, and it provided a safety net of minimum wages and conditions. The Commission approved the collective agreement, highlighting the parties' commitment to fair and reasonable terms.

No further orders were made beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established