DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6677)

M. A. S. PLUMBING & DRAINAGE PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 AUGUST 2021

Application for approval of the M. A. S. Plumbing & Drainage 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 M. A. S. Plumbing & Drainage 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 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.

[4] The Agreement was approved on 17 August 2021 and, in accordance with s 54, will operate from 24 August 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 case involved an application for the approval of a plumbing enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and M. A. S. Plumbing & Drainage Pty Ltd. The dispute was heard by the Fair Work Commission. The key legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if the bargaining process was conducted fairly and in good faith.

The Fair Work Commission considered whether the agreement met the criteria for approval, including whether it contained the minimum terms and conditions of employment as required by the Fair Work Act. The Commission also examined whether the agreement was made in accordance with the provisions of the Act, including the requirement for genuine bargaining to occur between the parties. In its decision, the Commission found that the agreement was made in good faith and complied with the statutory requirements for approval. The Commission was satisfied that the bargaining process was genuine and that the agreement contained the necessary minimum terms and conditions.

Consequently, the Fair Work Commission approved the M. A. S. Plumbing & Drainage Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. This decision affirmed the validity of the enterprise agreement, ensuring that it could be implemented between the parties. The approval by the Commission provided certainty and legal enforceability to the terms of the agreement, which was a significant outcome for both the union and the employer.

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