DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/3948)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 MARCH 2021

Application for approval of the DMB 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 DMB 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.

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

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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the Plumbing Enterprise Agreement 2019-2023 between DMB Mechanical Services Pty Ltd and the CEPU - Plumbing Division (Vic). The Union argued that the agreement should be approved as a new, modern and fair agreement. In response, DMB Mechanical Services Pty Ltd did not oppose the application but submitted that the agreement should not be approved until it was satisfied that the agreement was consistent with the company’s business model.

The primary issue before the Commission was whether the agreement should be approved as a modern, fair and new agreement. The Union submitted that the agreement was fair and reasonable. DMB Mechanical Services Pty Ltd did not oppose the application, however, it argued that the agreement should not be approved until certain conditions were met.

The Commission found that the agreement was modern, fair and new. The Union provided evidence that the agreement was negotiated in good faith and it was a genuine agreement. DMB Mechanical Services Pty Ltd did not oppose the application and it was satisfied that the agreement was consistent with the company’s business model. The Commission found that the agreement should be approved as a modern, fair and new agreement.

The Fair Work Commission approved the Plumbing Enterprise Agreement 2019-2023 between DMB Mechanical Services Pty Ltd and the CEPU - Plumbing Division (Vic). The agreement was approved as a modern, fair and new agreement. The agreement is to be registered on the Register of Approved Agreements.

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