Collins Mechanical Pty Ltd

[2024] FWCA 2479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Collins Mechanical Pty Ltd

(AG2024/2339)

COLLINS MECHANICAL PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2024

Application for approval of the Collins Mechanical Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

Collins Mechanical Pty Ltd has made an application for approval of an enterprise agreement known as the Collins Mechanical Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 CEPU.

The Agreement was approved on 4 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Collins Mechanical Pty Ltd and the CEPU – Plumbing Division (Vic). The dispute centred on the approval of the proposed Plumbing Enterprise Agreement 2024 – 2027. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement adhered to the formal requirements outlined in the Act, including the need for proper bargaining, fair terms and conditions, and whether the agreement was made in good faith. The Commission also considered whether the agreement provided for the lawful resolution of any disputes and if it included appropriate mechanisms for employee representation and consultation.

The Commission found that the agreement met all the necessary formal requirements. The bargaining process was deemed fair and transparent, with adequate representation and consultation. The terms and conditions were considered fair and reasonable, aligning with the principles of the Act. The Commission concluded that the agreement was made in good faith and provided adequate mechanisms for the resolution of disputes. The final outcome was the approval of the agreement, as it complied with all statutory requirements and was deemed beneficial for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established