DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Collins Mechanical Pty Ltd
(AG2021/4334)

COLLINS MECHANICAL PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2021

Application for approval of the Collins Mechanical Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] 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 Victorian Branch Enterprise Agreement 2019 – 2023 (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), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[2] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[3] The Agreement was approved on 31 March 2021 and, in accordance with s 54, will operate from 7 April 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Collins Mechanical Pty Ltd applied to the Fair Work Commission for approval of their enterprise agreement with the CEPU – Plumbing Division Victorian Branch. The agreement, spanning 2019 to 2023, aimed to regulate various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The dispute arose as some parties questioned whether the agreement complied with relevant federal industrial relations legislation, specifically the Fair Work Act 2009.

The court was tasked with determining whether the agreement met the statutory requirements set out in the Fair Work Act. This included assessing if the agreement provided for a fair and efficient system of determining wages and other conditions of employment. The court also needed to verify that the agreement adhered to the principles of good faith bargaining, was not detrimental to the broader industrial relations system, and was made in accordance with the relevant laws.

The Fair Work Commission examined the terms of the agreement in detail, considering submissions from both parties. The Commission found that the agreement was made in good faith and did not contain any provisions that were contrary to the public interest or detrimental to the industrial relations system. The Commission was satisfied that the agreement provided for a fair and efficient system of determining wages and other conditions of employment. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's decision was that the Collins Mechanical Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 met all necessary statutory requirements and was approved. The agreement was to be registered and would govern the employment conditions of the parties involved for the specified period.

Collins Mechanical 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