DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/368)

M&M DUCT ENTERPRISES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the M&M Duct Enterprises Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the M&M Duct Enterprises Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 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 (CEPU). 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 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) 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 7 March 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and M&M Duct Enterprises Pty Ltd (the Employer). The Union sought approval of the M&M Duct Enterprises Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The court was required to consider whether the agreement met the necessary criteria under the Fair Work Act 2009.

The key legal issue before the court was whether the agreement satisfied the requirements of section 231 of the Fair Work Act, specifically that it must provide for a fair and efficient system for resolving disputes, and that the dispute resolution process must be expeditious, inexpensive, and informal. The Union argued that the agreement met these criteria, while the Employer contended that the process was not sufficiently expeditious and would result in unnecessary costs.

The court found that the agreement did indeed provide for a fair and efficient system for resolving disputes. It noted that the process outlined in the agreement was designed to be both expeditious and inexpensive, with provisions for early conciliation and the use of mediation as the primary dispute resolution mechanism. The court concluded that the process was informal and would not result in unnecessary costs, as the parties had agreed to limit the use of arbitration and litigation to specific circumstances. The court approved the agreement, finding that it met the necessary criteria under the Fair Work Act.

The court's decision was based on the terms of the agreement and the evidence presented by both parties. The court found that the agreement provided for a fair and efficient system for resolving disputes, and that the dispute resolution process was expeditious, inexpensive, and informal. The court approved the agreement, and it will now be registered with the Fair Work Commission.

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