DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/589)

MJR MECHANICAL CONTRACTORS PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2019

Application for approval of the MJR Mechanical Contractors Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the MJR Mechanical Contractors Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 Agreement lodged contained an error at page 4. On 3 April 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of the MJR Mechanical Contractors Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The company in question, MJR Mechanical Contractors Pty Ltd, had entered into an enterprise agreement with the Union representing its employees. The Union sought formal endorsement of the agreement, which outlined the terms and conditions of employment for the employees covered by the agreement.

The legal issues the court had to decide centred around whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement had been made genuinely and fairly without any element of coercion, and if the terms and conditions provided for employees were fair and reasonable. Furthermore, the court needed to ensure that the agreement did not unfairly discriminate against any group of employees.

In delivering its decision, the Fair Work Commission found that the agreement had been genuinely agreed upon by the parties involved and did not involve any element of coercion. The court also determined that the terms and conditions provided for in the agreement were fair and reasonable, taking into account the nature of the work and the industry standards. The agreement did not unfairly discriminate against any group of employees, and therefore met the criteria for approval under the Fair Work Act 2009. Based on these findings, the court approved the enterprise agreement between MJR Mechanical Contractors Pty Ltd and the Union.

The final orders of the court included the approval of the MJR Mechanical Contractors Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019, which would now be legally binding on the parties involved. This decision provides certainty and stability to the employees and employers covered by the agreement, ensuring that their rights and obligations are clearly defined and protected under the terms of the approved enterprise 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