DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/742)

M.N.C PLUMBING PTY LTD REGIONAL PLUMBING ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MAY 2018

Application for approval of the M.N.C Plumbing Pty Ltd Regional Plumbing Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the M.N.C Plumbing Pty Ltd Regional Plumbing 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 30 May 2018 and, in accordance with s.54, will operate from 6 May 2018. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the M.N.C Plumbing Pty Ltd Regional Plumbing Enterprise Agreement 2016-2019. The union argued that the agreement should be approved as it provided for fair and reasonable terms for the employees covered by it. The employer contested the application, arguing that certain provisions of the agreement were not fair and reasonable and did not comply with the relevant legislation.

The central legal issues before the commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements of the Fair Work Act 2009. The commission considered whether the agreement met the "better off overall test" and whether it included all the minimum entitlements set out in the relevant modern award. The commission also examined whether the agreement contained any provisions that were contrary to the public interest or that undermined the operation of the industrial relations system.

The commission found that the agreement met the better off overall test and contained all the minimum entitlements required by the relevant modern award. The commission also found that the agreement did not contain any provisions that were contrary to the public interest or that undermined the operation of the industrial relations system. The commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of penalty rates and the inclusion of a clause allowing for the variation of the agreement by the parties.

The final orders of the commission were that the agreement be approved, subject to the modifications outlined in the decision. The employer and the union were directed to take all necessary steps to give effect to the approved agreement, including providing a copy of the agreement to all affected employees. The decision provides useful guidance for employers and unions on the requirements for approving an enterprise agreement under the Fair Work Act.

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