DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2313)

MCGAHON BUILDING SERVICES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 27 AUGUST 2020

Application for approval of the McGahon Building Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the McGahon Building Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Collective Agreement between McGahon Building Services Pty Ltd and the CEPU Plumbing Division Mechanical Union for the period 2019 to 2022. The union sought approval for the agreement, which was made following negotiations between the parties. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being a single, fair and reasonable agreement.

The central legal issues before the Commission were whether the agreement met the requirements for being a single agreement, whether it contained terms that were fair and reasonable, and whether the agreement had been made in good faith. The Commission also had to consider whether the agreement provided for a fair and efficient process for resolving disputes between the parties. In determining these issues, the Commission examined the content of the agreement, the negotiation process, and any relevant evidence provided by the parties.

In its decision, the Commission found that the agreement was a single agreement and that it contained terms that were fair and reasonable. The Commission also determined that the agreement had been made in good faith and that it provided for an efficient process for resolving disputes. The Commission approved the agreement, noting that it provided for a fair and reasonable set of terms for the employees covered by the agreement and that it met the requirements of the Fair Work Act. The Commission also noted that the agreement provided for a process for resolving disputes that was fair and efficient, and that it did not contain any terms that were contrary to the public interest.

The Fair Work Commission approved the Collective Agreement between McGahon Building Services Pty Ltd and the CEPU Plumbing Division Mechanical Union for the period 2019 to 2022. The Commission found that the agreement met the requirements of the Fair Work Act and that it provided for a fair and reasonable set of terms for the employees covered by the agreement. The Commission also approved the process for resolving disputes set out in 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