DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4227)

PROMECH MECHANICAL SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 APRIL 2021

Application for approval of the Promech Mechanical 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 Promech Mechanical 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. 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.

[2] 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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[3] The Agreement was approved on 1 April 2021 and, in accordance with s 54, will operate from 8 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

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Promech Mechanical Services Pty Ltd. The Union sought approval for the Promech Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it was in the public interest to approve it.

The legal issues included whether the agreement complied with the formal requirements of the Fair Work Act, whether it provided for fair and reasonable terms and conditions, and whether it was appropriate for the public interest to approve the agreement. The Union argued that the agreement was fair and reasonable, and in the public interest, while Promech Mechanical Services Pty Ltd did not contest the approval but raised concerns about certain provisions.

The Commission considered the arguments and evidence presented by both parties. It found that the agreement was appropriately negotiated and met the formal requirements of the Fair Work Act. The Commission noted that the agreement provided for reasonable terms and conditions, including minimum wages, leave entitlements, and dispute resolution mechanisms. It also considered the public interest factors, such as the impact on employment and the promotion of workplace harmony. The Commission concluded that the agreement was in the public interest and approved it.

The Fair Work Commission approved the Promech Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The approval was subject to certain conditions, including the requirement for the parties to notify the Commission of any changes to the agreement. The Union and Promech Mechanical Services Pty Ltd were bound by the terms of the agreement, which provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement.

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