DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6915)

MC LABOUR SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 SEPTEMBER 2021

Application for approval of the MC Labour Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the MC Labour Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing 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.

[2] 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.

[3] 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.

[4] The 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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

[5] The Agreement was approved on 3 September 2021 and, in accordance with s 54, will operate from 10 September 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

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of the MC Labour Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The dispute centred on the terms and conditions of employment within the plumbing sector, specifically those proposed in the Enterprise Agreement. The Fair Work Commission was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009 and whether it should be approved.

The legal issues that the Commission needed to resolve included whether the agreement complied with the procedural requirements set out in the Act, and if it provided for fair and reasonable terms and conditions of employment. The Commission had to determine if the agreement was genuinely negotiated and if it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission needed to consider whether the proposed terms and conditions were fair and reasonable in all aspects, including remuneration, working conditions, and other employment-related matters.

The Fair Work Commission found that the application for approval of the Enterprise Agreement was properly made and that the agreement had been genuinely negotiated. The Commission determined that the agreement complied with the procedural requirements and provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement was consistent with the principles of good faith bargaining and procedural fairness. The Commission also found that the proposed terms and conditions were fair and reasonable in all respects.

As a result, the Fair Work Commission approved the MC Labour Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, and it will now be binding on the parties involved. The agreement will govern the terms and conditions of employment for the specified period, providing a framework for the relationship between the employer and employees within the plumbing sector.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established