DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5984)

MRN TANK SOLUTIONS PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JANUARY 2019

Application for approval of the MRN Tank Solutions 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 MRN Tank Solutions 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 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 28 January 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 Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the MRN Tank Solutions Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The agreement was entered into between MRN Tank Solutions Pty Ltd and the union on behalf of its members, who are employed as plumbers. The dispute centred on the approval of the terms and conditions of employment outlined in the enterprise agreement, including wages, hours of work, and other employment-related matters.

The primary legal issues that the Fair Work Commission had to address were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission needed to ensure that the agreement met the criteria for being a "better off overall test" (BOOT) and did not unfairly disadvantage any employees. Additionally, the Commission had to determine if the agreement was made in accordance with the procedural requirements set out in the Fair Work Act.

In reaching its decision, the Fair Work Commission considered the evidence provided by both parties and assessed the agreement against the legal standards. The Commission found that the enterprise agreement was compliant with the Fair Work Act and met the BOOT criteria, as it provided for improvements in wages and conditions for the employees. The Commission also determined that the agreement was made in accordance with the procedural requirements and was in the best interests of the employees. Consequently, the Fair Work Commission approved the enterprise agreement, confirming its validity and enforceability.

The final orders of the Fair Work Commission were that the MRN Tank Solutions Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 be approved and registered under the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable between the employer and the employees represented by the union.

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